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HC issues ultimatum to State

india Updated: Dec 09, 2006 01:48 IST
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Directive to curb mafia influence in govt depts

IN A significant order today, Justice DP Singh of the High court directed the State to comply with its earlier order passed on July 12, 2006, issuing directives to curb mafia activity and their arm-twisting tactics in government departments in the state or, be prepared to face the consequences.

Justice Singh passed the order in peculiar circumstances when the order declared to have been passed on a special appeal, reportedly staying justice Singh’s subsequent order passed on November 09, 2006, was found to have been signed by only one member of the concerning division bench.

In order to simplify the matter, Justice Singh suspended suo motu his orders passed on November 9, 2006, by which he had inter alia directed the Principal Secretary, Finance, not to release funds to those departments which did not enforce the judgement dated July 12, 2006 before awarding contracts through the tender process or other means.

The impugned order dated November 9, 2006, in the ‘alleged’ special appeal (No. 847/ 2006) was suspended by Justice Singh till the next listing of the matter on January 11, 2007, or, till disposal of the special appeal, whichever was earlier.

Since admittedly the original order passed on July 12, 2006, had not been challenged by the State or stayed by a higher court and still survived, Justice Singh called upon the State to comply with it in letter and spirit and to ensure that all the departments, local bodies and corporations complies with the judgement.

Justice Singh further remarked that if the original judgement was not complied with by the State then, on the next date of listing, the court would have no option but to proceed by purview of the Contempt

of Court Act against the Chief Secretary and other officials of the State.

In the peculiar facts and circumstances of the matter, the court sought assistance of the Advocate General of the State on the next date of listing of the case— January 11, 2007.

The Chief Secretary and the Director General of Police (DGP) were also required to file a compliance report in court on the date of next listing.

Terrorists’ cases transferred

JUSTICE ABDUL Mateen of the High Court, while allowing the transfer application moved by five terrorists, shifted their trial from Faizabad to Allahabad sessions court today.

The applicants were being tried in the Faizabad sessions court for attacking ‘Ram Janma Bhoomi Parisar’ barricading in Ayodhya with lethal weapons on July 5, 2005, killing six unknown persons on the spot and creating terror in the area.

It was urged on behalf of the applicants that the Faizabad Bar Association had passed a resolution not to permit any lawyer to take up the applicants’ case and, therefore, it was prayed that their trial be shifted to Lucknow, Hardoi or Sitapur.

The applicants included accused Asif Iqbal, Shakel Ahmad, Dr Irfan, Mohd Aziz and Mohd Naseem.

Earlier, a similar petition moved by the applicants had been dismissed by the Lucknow bench of the Allahabad High Court.