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Allahabad High Court · body

2012 DIGILAW 224 (ALL)

Mohammad Qasim v. Union of India and others

2012-01-24

AMAR SARAN, RAMESH SINHA

body2012
Ramesh Sinha, J.;- We have heard learned counsel for the petitioner, and learned AGA Sri Vimalendu Tripathi and learned G.A. and Dr. Ashok Nigam, learned Additional Solicitor General, Union of India. Dr. S.B. Upadhayay, Director Forensic Science Laboratory, U.P., Sri S.K. Raghuvanshi, Spl. Secretary (Home), U.P. are also present and they have also been heard. 2. Two affidavits of compliance dated 17.1.2012 of the Principal Secretary, Home (U.P.) on behalf of the State of U.P. have been filed today. They are taken on record. The affidavits deal with the progress made on the issues raised in the order dated 1.12.2011 dealing with a) training of medical officers, b) improvement of mortuaries, c) sanction of posts in FSL/Existing laboratories, d) finalization of proforma for developing a standard operating procedure for conducting investigations, e) upgradation of FSL/existing laboratories, f)disposal of old samples of viscera collected in districts, g) meeting of the State level committee and h) with respect of the progress made in solving the sensational criminal cases in Allahabad district mentioned in the order dated 1.12.2012. 3. A further progress report on the aforesaid issues again be filed by the next listing. 4. By this order we intend to highlight a few aspects. 5. The most important point is that we are not satisfied with the compliance of our direction to come up with a time frame for separating the investigation wing from the law and order and VIP duties wing. This direction was issued pursuant to the Apex Court direction in Prakash Singh v Union of India, 2006 AIR SCW 5233. In the said case the Supreme Court issued the following direction on 22.9.06 which was to be given effect by 31.12.2006: "(4) The investigating police shall be separated from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people. It must, however, be ensured that there is full coordination between the two wings. The separation, to start with, may be effected in towns/urban areas which have a population of ten lakhs or more, and gradually extended to smaller towns/urban areas also." 6. But now more than 5 years have elapsed since the said order, and we see no effort on part of the State government to implement the direction. This direction in Prakash Singh's case (supra) was also reiterated in Pramod Kumar v Bihar Vyavsayik Sangharsh Morcha, AIR 2007 SC 2948 . But now more than 5 years have elapsed since the said order, and we see no effort on part of the State government to implement the direction. This direction in Prakash Singh's case (supra) was also reiterated in Pramod Kumar v Bihar Vyavsayik Sangharsh Morcha, AIR 2007 SC 2948 . 7. This direction whereby investigation would be carried out by police officers especially selected and trained in forensics in a scientific manner is necessary for ensuring that innocent persons are not implicated in crimes by the police for showing its success in solving cases on the basis of third degree measures or trumped up witnesses, and thereby their human rights are protected and at the same time for giving society protection by ensuring that actual offenders do not escape identification and punishment. 8. However even today, we find inadequate compliance of the aforesaid direction. In this respect in our previous order dated 1.12.2011, apart from asking the State Government to come up with a specific time frame for separating the investigating wing from the law and order, VIP and other duties wings, as a starting point we had suggested that within a period of three months or so this separation of functions between the investigating and law and order wings be brought about in Meerut district which has recently been described as the crime capital of India, and in a phased manner, if there are impediments in bringing about this change all once, separation of functions between the investigation and law and order wings was to be brought about in the KAVAL and other important towns starting from urban areas and proceeding to rural areas in all districts in U.P. But regrettably the State Government has not come up with any forthright commitment on the matter. On the one hand, it has tried to hide behind the excuse that the matter is being monitored by the Apex Court and has not come forward with any firm commitment as to when the 5 year old direction of the Apex Court dated 22.9.06 in Prakash Singh's case (supra) would be implemented, but has simply sought some unspecified time in the matter. We are confident that the Hon'ble Supreme Court would have no objection to this Court passes directions for ensuring compliance of its order for separating the investigation and law and order functions by the police, which have also been repeatedly emphasized in various Police, Law and other high level Committee reports. 9. On our dissatisfaction with the non-compliance of the specific direction to separate the investigation wing Sri S.K. Raghuvanshi, Special Secretary ( Home) got up and stated in Court that this procedure of separating the investigation from the law and order wing could not commence before 3 years because of the severe shortage in the posts of sub-inspectors. We are not at all satisfied by the reply of the State Government on the issue. They must proceed seriously in trying to appoint more sub-inspectors. We also think that specialized forensic training is needed at least for the police officers engaged in investigating grave crimes of murder, rape, dacoity etc., or organized crimes. This is only possible if a cadre of such police sub-inspectors and inspectors and other officers is built up who have an impeccable track record, with no adverse entries to their credit, who are honest, intelligent and diligent and who are assigned only investigation work in major crimes, exempted from law and order or VIP duties and are given specialized forensic training. This step will also address the danger of the investigation being diluted by getting an investigating officer transferred to the law and order of VIP duties wing when he has gathered sufficient material to nail an influential accused as a result of the political or economic clout of the criminal. As a beginning so far as the limited number of the grave crimes mentioned above, we feel that there is no insuperable obstacle to their being handled by such inspectors specialized in investigation work, and in preventing this class of officers from being assigned law and order or other duties. Hence we would like the Principal Secretary (Home), U.P. and the DGP, to file personal affidavits on the next listing on the steps taken for ensuring compliance of this direction for assigning investigation work to the exclusion of other duties to this small class of officers mentioned above within 3 months. 10. Hence we would like the Principal Secretary (Home), U.P. and the DGP, to file personal affidavits on the next listing on the steps taken for ensuring compliance of this direction for assigning investigation work to the exclusion of other duties to this small class of officers mentioned above within 3 months. 10. In the previous order, we had directed the Finance department to provide details of the financial commitment, the amount and time schedule of their availability, to implement the undertaking given to this Court to provide funds for areas earmarked as mentioned in the beginning of this order. The said details have not been furnished in the affidavit dated 17.1.2012 and time has been sought for the next financial year after the general elections are over. We would however like an affidavit to be filed by the Principal Secretary (Finance) to furnish the said details on the next listing, or explain the impediments in giving a commitment in particular areas. 11. So far as the direction in the previous order for providing Forensic Training to the medical doctors are concerned we would like the Principal Secretary( Health), U.P. to prepare a schedule as to the manner and dates on which the said trainings are to be conducted and to file personal affidavit on this issue. 12. In the second supplementary affidavit dated 17.1.2012 filed today, it was mentioned that out of the 12 sensational cases of Allahabad district indicated in our order dated 1.12.2011, all cases other than two cases which relate to the D' dmas show room and murder of security personnel who tried to deposit Bank money in the HDFC ATM at George Town have been solved. Today, four out of the five Circle Officers who are supervising the investigations in the aforesaid cases are present. Only one C.O George Town could not attend due to some personal problem. On the next date, we would like the C.O, Civil Lines and C.O. George Town, to whom the two admitted unsolved cases pertain, are to be present in this Court with the progress reports of their investigations. Only one C.O George Town could not attend due to some personal problem. On the next date, we would like the C.O, Civil Lines and C.O. George Town, to whom the two admitted unsolved cases pertain, are to be present in this Court with the progress reports of their investigations. We would also like A.G.A to arrange for meetings of the Counsel for the petitioner Sri Mukhtar Alam and Sri V.P. Mathur to meet the complainants of the said cases which claim to have been solved through the investigating officers of the said cases, in order to ascertain whether the complainants are satisfied that the cases have actually been solved. 13. We also direct that the Principal Secretary (Home), U.P. may also be made a member of High Level Committee which was set up on the earlier direction of this Court. 14. Dr. Ashok Nigam, Additonal Solicitor General, Union of India stated that the State Government has not given any report as to the actual utilization of the funds allotted to it by the centre for Forensic training etc. The State government may do so forthwith. The State government may also prepare a note of further funds that they require from the Centre, which Dr. Nigam states will be made available to the State as per norms. 15. List this case on 19.3.2012 for submission of compliance reports by all the authorities as directed above. 16. Copy of this order may be given to the parties within 10 days. Registry to also communicate this order to the concerned parties in 10 days.