THE Allahabad High Court has taken a serious view of the fact that despite its order, the chief judicial magistrate (CJM) of Basti has failed to ensure the presence of a murder accused before the court.
Making comments on the act of the CJM, the Court said, “In spite of the clear and categorical order and observation of the High Court, the Chief Judicial Magistrate, Basti, MP Singh Yadav appears to have proceeded in a very lackadaisical manner in violation of the tenor and spirit of the order of the Bench dated March 24, 2006.”
Earlier, a division bench of this court had directed the CJM to submit an explanation within two weeks, asking him to give reasons for his lethargy in securing the attendance of Ram Briksh Yadav of Basti, an accused of murder, and failure to issue non-bailable warrant against him, in spite of the HC order.
Ram Briksh Yadav, a leader of the ruling Samajwadi Party, is involved in a murder case with others.
At one stage, police had exonerated him from the charge and filed the final report. Although Yadav fired shot snatching carbine from his gunner, the district magistrate accepted the report.
{{/usCountry}}At one stage, police had exonerated him from the charge and filed the final report. Although Yadav fired shot snatching carbine from his gunner, the district magistrate accepted the report.
{{/usCountry}}In the firing, which took place during the Gram Panchayat election in 2005 in Sant Kabir Nagar, Mahatam Yadav died.
The HC intervened in the matter and directed the magistrate to take cognisance against Yadav and commit the case to the court of sessions. Passing these directives, a division bench comprising Justice Imtiyaz Murtaza and Justice Amar Saran observed: “We must regard that this case reflects a sorry saga and it appears to us that now a days, if a person with criminal antecedents belongs to or joins the party in power, he obtains an automatic immunity from prosecution and all action by the police.”
The court has also criticised the senior, administrative and police officers for dancing to the tune of the ruling party.
The court also directed the principal secretary (home) to submit an explanation within two weeks for failing to mention the name of Ram Briksh Yadav to whom five gunners were provided.
The principal secretary had furnished a list of all those who were provided with the gunners. But an SP leader Ram Briksh Yadav did not figure in the list.
The court passed these directives on a writ petition filed by Onkar Yadav of Sant Kabir Nagar, seeking arrest of Ram Briksh Yadav in a case of murder and grievous injury.