HC flays practice of blaming SP for adverse orders

THE ALLAHABAD High Court has deprecated the practice of blaming hostility of ruling Samajwdi Party for adverse orders.

THE ALLAHABAD High Court has deprecated the practice of blaming hostility of ruling Samajwdi Party for adverse orders.

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In the two important orders, a division bench of Allahabad High Court, while rejecting two petitions, observed, “Now it has become fashion to pin the blame for an FIR or any adverse order, which is not to the liking of any particular party, only on the animosity of the ruling party. This is highly improper and unfair.”

In one petition preferred by Samajwadi Party MLA from Jhansi Ratan Ahirwar and his two sons, there was a request for quashing an FIR lodged against them under section 307 (attempt to murder) of the Indian Penal Code. In the FIR, there were allegations that the petitioners had assaulted a Zila Parishad driver with a rifle butt. The driver had purchased a pumping set from the MLA’s shop, but had only paid the principal amount and not the interest of Rs 12000.

Challenging the FIR before the High Court, the MLA had taken the plea that as he had defied the party whip and had cross-voted for the BSP candidate in the MLC elections, he had been falsely implicated in the present criminal case at the instance of the Samajwadi Party leadership.

Rejecting this petition, the court said in this case, the incident was corroborated by injuries on the injured who was medically examined promptly and it could not be said that no cognisable case was disclosed.

In the other case, security was denied to Allah Raka, a member of the Zila Panchayat, despite an earlier division bench order of the high court directing the committee headed by the DM to consider his application seeking security. It was argued that security had been denied to him because he had voted for the Bharatiya Janata Party candidate Somwati in the Zila Panchayat Adhyaksh elections, and not for the wife of the Samajwadi Party MLA from Farrukhabad, who had lost.

Rejecting this petition too, the court said in this case, the earlier bench had only passed an order if an application were made for grant of security, the district level committee headed by the DM, should pass orders on the basis of threat perception in accordance with the relevant government orders within three months. As the order had only been presented in April, the period of three months would expire in July 2006. Hence, the petition was premature, the court said.

Summer vacation
THE ALLAHABAD Bench of Central Administrative Tribunal (CAT) would remain closed during the summer vacation from June 10 to July 3.

However, during the summer vacation, the Vacation Bench has been constituted to hear urgent matters.

On June 13 and on June 15, Member of CAT AK Singh would preside over the Vacation Bench to hear urgent matters.

Besides, another member KBS Rajan would preside over the Vacation Bench on June 20 and June 22.