| Friends, The division bench of Justice Imtiyaz Murtaza and Justice S C Agarwal of the Allahabad High Court dismissed a Public Interest Litigation presented by the Institute for Research and Documentation in Social sciences (IRDS) about enquiring the role of the DGP Karamvir Singh and Special DGP Brij Lal about their omission and commission in Sheelu and Divya cases. The High Court said that the PIL was frivolous and was filed to gain publicity. It said that these two officers are responsible officers and are not directly connected with the investigation. Based on these, the Court imposed a fine of Rs. 20,000 on IRDS. As many of you might be remembering, a few months ago the Supreme Court judges Justice Markandey Katju and Justice Gyansudha Mishra had said that something was rotten in the Allahabad High Court. They said that serious complaints had been received by the Supreme Court about many High Court judges. At that time I had filed a Writ Petition in Lucknow bench to direct the Supreme Court and the Chief Justice of Allahabad High Court to take suitable actions against such judges against whom even the Supreme Court has serious complaints. Then again, the High Court bench had dismissed the petition saying that it was frivolous and was for the purpose of publicity. Every person in the world wants public recognition and wants to have name and fame. This is a basic human nature. I am no exception to this rule. Yet, I completely disagree that the issues raised in the above mentioned petitions are frivolous in nature. For long, in the police department only the lower level officers get punished whenever major dereliction of duties comes in open. The senior level officers like the DGP and the ADG remain untouched, despite the fact that they are legally responsible for the supervision of the State police under sections 2, 3, 4 of the Police Act and section 36 of the CrPC etc. The responsibility becomes all the more important when it is obvious that all the matter has been in their knowledge. In both Divya and Sheelu cases when the entire country came to know of the matters, is it believable that the DGP and ADDG did not get informed of the incidents. So, what exactly were they doing? Why did they not perform their role? Why did they keep silent? If at all these officers were so responsible, as the High Court says, why did it need the High Court and the Chief Minister to intervene in these two cases to deliver justice? These cases became quite well known and the High Court also came forward to intervene but what about other cases? And if these issues are brought before the High Court and it is requested to get the role of the senior officers enquired, the Court says it is a frivolous issue and the petitioner has come for cheap publicity. Are there no other ways to gain publicity? Why would anyone stand against a powerful agency like the police to gain publicity? Thus it does pain when a petitioner comes forward facing all odds and bringing important questions before the Court and the Court, instead of taking this in notice, puts cost on the petitioner. Again, in a case where the Supreme Court itself says that something is rotten in a High Court and I approach the Court to take action against such judges, the High Court refuses to hear and says that it is for cheap publicity. Somehow I seem to completely disagree with these orders and hence IRDS is filing a Review petition before the High Court in the Sheelu-Divya case. I also feel that time has now come for all of us to seriously analyze and scrutinize even the Judicial decisions and to express our opinions about these decisions, within the purview of law. We need to remember that every organization and structure is finally for the benefit of the people and hence none of them can go against the wishes and verdict of the people. When we see all kinds of thieves, convicts, murderers, frauds, rapists etc. approaching these Courts for their personal gains where the Courts don't put costs on these persons while dismissing their petitions, I fail to understand why shall cost be imposed in cases where a person has come to raise certain issues of great public importance. I believe that questions like what actions to be taken against corrupt judges and how to fix responsibilities of senior police officers are not frivolous questions and they need to be raised at every forum. I shall go on raising them whatever cost might be imposed on me in this process and take this cost not as a punishment but as a reward. Dr Nutan Thakur Secretary, IRDS/ |
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