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2007 DIGILAW 1077 (ALL)

KAMLESH v. STATE OF UTTAR PRADESH

2007-04-23

AMAR SARAN, IMTIYAZ MURTAZA

body2007
( 1 ) HEARD Sri A. K. Sand, learned AGA. ( 2 ) IN pursuance of our order dated 22. 3. 2007 the DGP as appointed a State level officer viz. Sri Atul, ADGP (Law and Order), U. P. Lucknow as officer for monitoring matters in compliance of our orders dated 5. 10. 2006, 22. 32007 and DGPs circular dated 21. 10. 2006. However, as an application dated 21. 4. 2007 has been moved on his behalf that since today is fixed for the fourth phase of the polling, his attendance in this Court may be exempted today and some date may be fixed after 14. 5. 2007. We accept this prayer and fix this case on 16. 5. 2007, on which date the aforesaid ADGP may appear before this Court and submit a further progress report in respect of this order as well as the earlier orders passed by this Court, and the DGPs circular dated 21. 10. 06. ( 3 ) AN affidavit dated 20. 4. 2007 of the ADGP has also been filed which mentions that so far as the list of 116 writ petitions relating to different scams which was furnished by the Registry on 1. 12. 2006 to the DGP, in 69 cases charge-sheets have been submitted, in 12 cases final reports have been submitted and 35 cases are under investigation. The said investigations are pending in different districts and the investigations are being continued by different investigating agencies, namely, Cooperative Cell, Agra, CBI, Dehradun, EOW (Anti-corruption Bureau), CBCID, Agra, districts Bareilly, Moradabad, Rampur, Ghaziabad, Saharanpur, Kanpur Nagar, Firozabad and Etah. Out of the aforesaid 35 cases, 9 cases are under investigation by the CBI relating to the post-office and scholarship scams and the CBI has sought six months further time for concluding the investigations in the said cases. We however think that three months time should be sufficient for the CBI to conclude the investigations as we think that the additional time of six months sought appears to be excessive. ( 4 ) THE affidavit further states that so far as 35 pending cases are concerned, the afore-mentioned agencies have been directed to complete the investigations positively by 30. 4. 2007 and to submit their progress report of the aforesaid cases to the ADGP by 1. 5. 2007. We appreciate the urgency that is being given to the matter by the ADGP. 4. 2007 and to submit their progress report of the aforesaid cases to the ADGP by 1. 5. 2007. We appreciate the urgency that is being given to the matter by the ADGP. However, we find that the lists which have been furnished in accordance with the proforma supplied by the DGP vide his circular dated 21. 10. 2006 in pursuance of the earlier order of this Court dated 5. 10. 2006 do not contain all the information mentioned in the proforma. Efforts should be made to furnish complete information on the next date of listing. ( 5 ) FURTHER, we would like to have information as to a) what are the nature of the scams in the particular matters, as the same have not been mentioned in the relevant annexures, b) whether the accused have been arrested, c) dates on which charge-sheets have been submitted in particular cases, d) and in which Court have the charge-sheets been submitted e) and the particulars of the case numbers before the said courts. This information will facilitate this Court to issue appropriate directions for expeditious conclusion of trials etc. by the concerned subordinate Courts. Additional columns containing the aforesaid information may be made in the relevant annexures to the ADGPs affidavit. ( 6 ) IN the ADGPs affidavit it is further mentioned that the Registry has supplied an additional list of 302 cases relating to scams on 12. 3. 2007. In respect of that list 67 cases have been finalised, charge-sheets have been submitted in 54 cases and final reports have been filed in 13 cases. Regarding the remaining cases information is being obtained. He has issued directions for completing investigations in these cases by 31. 5. 2007. We hope this direction shall be strictly followed by subordinate officers and concerned investigating officers and also that more complete particulars about this additional list of scams furnished by the Registry shall be made available to this Court by the next date of listing. It shall also contain the additional information we have sought about the earlier list as mentioned hereinabove. ( 7 ) HOWEVER about one aspect the ADGPs affidavit is completely silent. We had also required by our direction no. 4 in the order dated 22. 3. It shall also contain the additional information we have sought about the earlier list as mentioned hereinabove. ( 7 ) HOWEVER about one aspect the ADGPs affidavit is completely silent. We had also required by our direction no. 4 in the order dated 22. 3. 2007 that we were not only seeking information about the status of investigation of different scams, but were also interested in the expeditious conclusion of the investigations in the very large number of writs (that is not only in the cases where scams are involved) but in all the matters where investigations had got stifled or stayed simply by the filing of writ petitions before this High Court, even when there were no orders staying the investigations, although there might have been orders staying the arrest till the submission of charge-sheet or for a short period in some of the writ petitions. However all those cases seem to have been put in the back burner by the investigating officers, even though there was no restraint on the investigations by this Court. Even in some cases where specific orders have been passed by the High Court either to conclude the investigation within 3 months or other fixed time period or an order had simply been passed for concluding the investigations expeditiously, nothing appeared to be done in those matters, and the accused were roaming around freely. Our directions were also regarding such matters and we wanted that the ADGP to be appointed by the DGP must ensure expeditious conclusion of the investigations in all these matters which appear to have been put into cold storage once writ petition has been filed in the High Court and we felt that investigations were not taking place in many matters for many years even though the writ petitions have been disposed of, and there is no fetter on the process of investigation passed by this Court. We find that the ADGP has not issued any directions to the subordinate officers and the concerned police stations for obtaining status reports about the investigations in all such matters as was also required vide our direction No. 4 in our order dated 22. 3. 07, nor nor has he issued any directions for expeditious disposal of the investigations in all such matters. 3. 07, nor nor has he issued any directions for expeditious disposal of the investigations in all such matters. We therefore direct that the said orders to the subordinate officers and concerned investigating officers must be issued forthwith, and reports of the status of pending investigations as mentioned hereinabove should also be furnished to this Court on the next date of listing, i. e. on 16. 5. 07. Copy of the order may be furnished to the parties within 3 days. .