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HC for quick probe against politicians
THE ALLAHAHBAD High Court on Wednesday directed that investigation of criminal cases against public representatives, pending for over a year, need to be concluded within four months. The court issued this directive as it took a serious view of a number of criminal cases pending against public representatives.
THE ALLAHAHBAD High Court on Wednesday directed that investigation of criminal cases against public representatives, pending for over a year, need to be concluded within four months.
The court issued this directive as it took a serious view of a number of criminal cases pending against public representatives.
The court directed the director-general of police to issue instructions to all Civil Police investigating officers (IOs) and the CB-CID director general to ask all CB-CID IOs to conclude investigation of criminal cases against these public representatives in a time-bound manner.
The officials are investigating 94 criminal cases against 12 MPs, 35 MLAs, 22 block pramukhs and two chairpersons.
The court also said investigations pending for less than a year needed to be concluded within six months.
“Arrest may be effected where accused have not been arrested and bailed out, especially where prima facie involvement in grave cognizable cases, punishable with imprisonment of life or imprisonment over seven years is disclosed. Steps may be taken for getting bails cancelled, if it appears to the investigating officers concerned that the public representatives are intimidating witnesses to make them hostile or not co-operate with investigation,” the court said.
A Division Bench, comprising Justice Imtiyaz Murtaza and Justice Amar Saran, issued these directives when it found in the affidavit of the State Government, filed in pursuance of a High Court order, that there were a total of 128 criminal cases pending and under investigation against 24 MPs in the State. Besides, the affidavit filed by Special Secretary, Home, Civil Secretariat, UP Lucknow dated July 11, 2006, further revealed that 271 criminal cases were pending against 110 MLAs in the State. In addition to it, 270 criminal cases are pending against 89 Block Pramukhs and nine cases against six chairpersons of Zila Panchayats.
Earlier, the court had directed the State Government to submit a list of criminal cases pending against MPs, MLAs, Block Pramukhs, chairpersons of Zila Panchayats.
The court passed these directives in order to cleanse the political system and to prevent the law breakers from becoming law makers.
The court further directed the district judges concerned to expeditiously proceed with the trials on day-to-day basis, as far as possible, in accordance with the Criminal Procedure Code. In the cases, where the chargesheets have been submitted in the courts, the court below shall decide the same expeditiously, if possible within six months, the court directed.
Besides, the court directed that as far as possible, the trial shall be conducted in these cases on day-to-day basis. The court directed that those cases, which were not already being tried by the fast track court be transferred to them for speedy disposal. The district judges concerned shall monitor the trials and submit status reports to this court after every six months like the progress of the trial, the court directed.
“In case, it appears to the court concerned that the witnesses are turning hostile, probably due to political influence or other extraneous pressures, under the influence of accused persons, steps may be taken for cancellation of the bail of the accused persons.”
The court also directed the district judge concerned to get the missing records of the 21 cases against one MP and three MLAs reconstructed within four months. Besides, the court directed the director general of police to ensure that investigating officers are present in cases for ensuring that the witnesses are given protection and are able to attend the trial.
The court directed to list the case on October 13,2006, for receipt of compliance report from courts and the authorities concerned.
The court observed, “Criminal antecedents mentioned in the State’s counter-affidavit are public records relating to public functionaries whose conduct needs to be scrutinized for effective exercise of the democratic right to citizen to select appropriate representatives, the arguments that such exposure will violate his right to privacy will not avail.
The court passed these directives on a writ petition (no-5695 of 2006) filed by one Karan Singh of district Hamirpur. In this case an allegation was made that to ensure victory of one candidate in Hamirpur Zila Panchayat elections, all the elected members of panchayat were abducted. At one stage, the court had directed the State to file a counter affidavit.
These directives were passed when the counter affidavit of the state disclosed a number of criminal cases pending against MPs, MLAs, block pramukhs and chairpersons of Zila Panchayats of Uttar Pradesh.
