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2011 DIGILAW 884 (SC)

Imtiyaj Ahmad v. State of Uttar Pradesh

2011-07-14

A.K.GANGULY, D.K.JAIN

body2011
ORDER : D.K. Jain, A.K. Ganguly, JJ. These special leave petitions were filed, inter alia, praying for setting aside of the orders passed by the High Court of Judicature at Allahabad, whereby investigations in certain First Information Reports (FIR) have been stayed by the High Court. However, when the matter came up for consideration on 8th January, 2010, having regard to the nature of the issue raised by the petitioner in the special leave petitions, it was felt necessary and expedient to deal with the matter as of public importance. Accordingly, Mr. Gopal Subramanium, the learned Solicitor General was requested to assist the Court in the matter. 2. At the suggestion of the learned Amicus Curiae, notices were directed to be issued to all the High Courts in the country, directing the Registrar Generals/Registrars of all the High Courts to seek instructions from the respective Chief Justices and send information with regard to all the cases involving heinous offences like murder, rape, kidnapping and dacoity etc. wherein either the investigations on the registration of the FIR or the proceedings before the Trial Court at the threshold or at the stage of framing of charge etc. had been stayed by exercising power either under Article 226 of the Constitution or under Section 482 of the Code of Criminal Procedure, 1973. Pursuant thereto, almost all the High Courts have furnished the information. 3. It appears from the information so furnished that in almost all the High Courts, there are cases where stay orders have been passed even at the stage of commencement of investigations. Orders placed on record show that in some cases the High Court has directed the Investigating Agencies to submit periodical reports on investigations. It is alleged in the petition that after such orders had been passed by the High Court, the cases do not come up for disposal for years together. If that be so, this state of affairs is wholly unacceptable. 4. The extra-ordinary power conferred on the High Courts under the aforesaid provisions is to be invoked and exercised in aid of justice and not to derail or thwart the investigations or the trial, as the case may be. We say no more at this stage because Mr. Gopal Subramanium the learned Amicus Curiae is not available today because of some personal difficulty. 5. We say no more at this stage because Mr. Gopal Subramanium the learned Amicus Curiae is not available today because of some personal difficulty. 5. We may note that in the report submitted by the Allahabad High Court several steps taken by the High Court to expedite disposal of cases wherein trials had been stayed have been enumerated. It appears from the copy of the roaster, effective from 3rd May, 2010, that the learned Chief Justice had designated a few judges to deal with such cases on priority basis. We are confident that such an arrangement still exists. 6. However, we find that in the said roaster, there is no indication as to whether any Court has been designated to deal only with the cases where investigations have been stayed. In our view, these type of cases must be given top priority because any delay in investigation will not be conducive to the rule of law. 7. List the matter for further orders on 17th August, 2011 at 3.00 p.m.