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HC verdict on Advani significant event

PUTTING THE former Deputy Prime Minister LK Advani in dock again remained the most significant verdict of the year 2005, snatching the reprieve which he got on Sept 19, 2003 by Raebareli Special Court?s order, giving him clean chit in Ayodhya demolition case, while summoning the remaining seven accused including MM Joshi for framing of charges against them by the same order.Allahabad High Court?s Lucknow bench, while dismissing the five criminal revisions filed by seven accused .

india Updated: Dec 31, 2005 01:28 IST

PUTTING THE former Deputy Prime Minister LK Advani in dock again remained the most significant verdict of the year— 2005, snatching the reprieve which he got on September 19, 2003 by Raebareli Special Court’s order, giving him clean chit in Ayodhya (temple/mosque) demolition case, while summoning the remaining seven accused including MM Joshi for framing of charges against them by the same order.

Allahabad High Court’s Lucknow bench, while dismissing the five criminal revisions filed by seven accused, including Joshi, Uma Bharati etc against their summoning in the Ayodhya demolition case also quashed that part of Special Court’s order by which Advani was given clean chit in the case. Advani’s release was challenged by one Haji Mehboob and another.

The 40 MLAs’ case proved to be the second most important case, which echoed in the corridors of the Lucknow bench throughout the year.

The matter related to formation of a splinter group by 40 BSP legislators which was later on recognized and permitted to merge with the Samajwadi Party (SP) by the then Speaker Keshri Nath Tripathi.

The matter came to an abrupt end on November 22 last when one of the twin judges of the Division Bench dismissed the BSP’s petition for disqualifying those 40 MLAs, while the other member of the Bench reserved his verdict. However, following demand from either side, a three-judge bench was constituted to hear the case afresh.

The hearing by the specially constituted bench has begun and the case is now fixed on January 9, 2006, for hearing.

Poetess Madhumita Shukla murder case in which former state minister Amarmani Tripathi, his wife Madhumani Tripathi along with three others accused are being tried presently also remained in the news throughout the year.

The charges in the instant case were framed on October 20, 2005 and the CBI experienced a jolt on the very first day of hearing when its maiden prosecution witness turned hostile. A multi-crore-food scam, Sampurna Gramin Rozgar Yojna scam, also surfaced this year. The scheme was initiated by the Centre, which provided foodgrain and funds to provide employment to people living below the poverty line. But, the foodgrains supplied to check starvation deaths in the State were misappropriated by the officials of the distribution machinery itself for their vested interest, it was said.

A bunch of petitions filed by the Lekhpals, Revenue/supply inspectors, BDOs, ADOs, Gram Pradhans, Kotedars etc for staying their arrest in connection with the food scam were dismissed by the HC. Cancellation of the BTC-2001 examination by the State Government on the ground of gross irregularities also gave rise to a spate of petitions. The Bench while entertaining the said petitions directed the Govt. to keep 5,600 posts of primary teachers on hold as an interim measure.

Summoning the departmental heads on the dates of hearing by the High Court at short notice, exhibited a rising trend. Similarly filing of contempt petitions also registered a sharp rise giving indication that court orders were not being given due attention.

A letter petition filed on behalf of two infants aged 1 and 2 years respectively (both girls), whose parents had deserted them, evoked a positive response when an NGO, Helpline, took upon the responsibility of the infants while they (kids) would continue to live in the Children’s Home. Some important verdicts delivered by the High Court’s Lucknow Bench include:- State told to reconsider pay scale of visually impaired chair recanners at par with the semi-skilled employees (Rs 2610-3540) retrospectively from September 16, 1993. The GO providing ceiling on DA of work charge employees quashed. The quality of life cannot be achieved if the work charge employees are not given the same DA as paid to their ‘Regular’ counterparts, the bench remarked.

State told to complete recruitment process of 423 posts of Prantiya Raksha Dal (PRD) within two months in accordance with the rules existing in 2001 i.e. on the date of vacancy.

Taking a serious note of executive interference in judicial matters, the Lucknow bench has issued circulars to all the District Judges in the State not to take cognizance on such letters/communications and report the same to the Chief Justice and the administrative judge of the area forthwith. The petition challenging Atal Behari Vajpayee’s election from Lucknow parliamentary constituency dismissed. State told to upgrade medical facilities to freedom fighters.On finding prima facie misuse of the Gangster Act, the High Court stayed arrest of the petitioner calling upon the State to justify as to under what circumstances the Gangster Act was imposed on the petitioner.

Show-cause notices issued to the president and secretary of the Central Bar Association (CBA) to explain as to under what circumstances a resolution for not doing Pairvi by advocates on behalf of certain accused persons, was passed?On the misc front:-Additional Advocate General SS Chauhan and Additional CSC SN Shukla were elevated as additional judges of the Allahabad High Court; Dr Ashok Nigam was elected president of the Oudh Bar Association for the second consecutive term; An archive section opened at the Lucknow bench of the High Court ; The High Court employees struck work for three days in protest against deduction of their salary. The strike was later called off following removal of their grievance ; Hindi Diwas, Lawyers’ Day and National Consumer Day celebrated on September 14 and December 3 and 24, 2005 respectively. A delegation of legal luminaries headed by UP Advocate General Virendra Bhatia including Chairman, UP Law Commission, Justice (Retd.) Vishnu Sahai visited Pakistan to promote socio-legal gesture.

First Published: Dec 31, 2005 01:28 IST