Allahabad High Court Order

Allahabad High Court Order

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ORDER HEADLINE : PIL For Reforming Police Working, Train It It With Scientific Skill. Government Called Upon To File Counter Affidavit Sworn By Officer.
ORDER TITLE : Mohammad Qasim Vs. State Of U.P. And Others On 01/28/2011 By Allahabad High Court
CORAM : Hon'ble Imtiyaz Murtaza,J. And Hon'ble Shri Kant Tripathi,J.


Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 1797 Of 2011

Petitioner :- Mohammad Qasim
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Mukhtar Alam,V.P. Mathur
Respondent Counsel :- Govt. Advocate

Hon'ble Imtiyaz Murtaza,J.
Hon'ble Shri Kant Tripathi,J.
Present Petition Which Has Been Docketed As Criminal Writ Petition (PIL) Has Been Filed For Various Reliefs. The Reliefs Prayed For Are Enumerated Below.

(i) To Establish Independent Full Fledged Prosecuting Agency With All Infrastructure And Separate The Said Wing From The Law And Order Wing Of The Police Department,
(ii) To Increase Sufficient Number Of Sub Inspectors With Sufficient Supporting Staff And Other Amenities And Appoint Skilled, Well Known Experts For Conducting The Investigation.
(iii) To Establish Bomb Disposal Squad Team, Dog Squad In Each District Of The State Of UP And Enhance The Facility Of Close Circuit Camera In Public Places Like Railway Stations, Chauraha, Hospitals All The Public Offices In The State Of UP As Well As Train The Police Personnel Of Each Police Station Of The State Of U.P In Computer Science, Photography Etc.
(iv) To Establish Laboratory In Each District For The Purpose Of Scientific Evidence And Provide A Complete Kit Of Scientific Equipment To Each Police Station Of The Sate Of UP.
(v) To Call Suggestion From The State Human Rights Commission In Respect Of Conducting Investigation In Scientific Manner And Also Call A Report From The State Human Right Commission Regarding The Steps Taken By It In Respect Of Investigation In Scientific Manner.
(vi) Call For Explanation And Summon The Record From The Respondents Regarding The Steps Taken By Them Pursuant To The Judgment Delivered By This Hon Court In Case Of Munna V State Of UP And Another Reported In 2002 Cr L J Page 4274 Dated 15.7.1998 (Annexure Nos 2 And 3) Respectively To This Writ Petition.
(viii) Direct The Respondent Nos 3 And 4 As Well As Investigating Officer To Conduct An Investigation In The Scientific Manner In Respect Of Incident Dated 13.1.2001 Which Took Place In D'damas Showroom Situated At Civil Lines Allahabad....."

From A Glance Through The Averments Made In The Writ Petition, It Would Transpire That The Petitioner Who Claims Himself To Be A Public Spirited Person, Is Seemingly Rattled By The Sudden Spurt In Criminal Incidents In Allahabad District And Other Places In The State Of U.P And In Most Of The Sensational Criminal Incidents, The Police Is Still Groping In Darkness. The Incident Cited As An Instance Is Sensational Loot With Murder At A Jewelery Showroom In The Civil Lines Allahabad On 13th Jan 2011.

Besides The Learned Counsel For The Petitioner, Sri D.R.Chaudhary Learned Government Advocate Was Heard At Length. Sri Sanjai Kumar Jaiswal Appeared And Accepted Notice On Behalf Of Union Of India.

The Learned Counsel Also Displayed Newspaper Reports Published In Various Newspapers Including Dainik Jagran And Hindustan Times Of Date. At Page 4 Is The News Report Published In Hindustan Times Which Carries Heading "Doctor Suspended For Being Negligent During Autopsy". The Quintessence Of The Report Is That The Doctor Conducting Post Mortem Of A 17 Year Old Girl In Chinhat In Lucknow Exposed His Negligence By Citing Cause Of Death As Not Known While Carrying Out The Autopsy And The Body Of The Girl Had To Be Exhumed And Post Mortem Had To Be Conducted All Over Again Which Confirmed That The Girl Had Been Subjected To Rape Before Being Murdered.

The News Report In Dainik Jagran Carries In Bold Letters The News Of Simmering Anger Of The Traders And Public At Large Who Blocked The Road Attended With A News Of A Sit-in Dharna Having Been Started By The People. In The Second Page, The Headlines Carries "Dhadki Akrosh Ki Jwala". The Headlines Further Read " Katra Me Bypariyon Ne Kiya Chakkajaam, Jamkar Narebazi, Band Rahe Bazar". In Further Headlines, The Newspapers Sums Up The Recent Incidents (1) 12th Jan, 2011 Diamond Trader Dhruv Agarwal Murdered With Robbery To The Tune Of Rs 5 Crores, (2) 13th Sept 2010, Robbery To The Tune Of Rs One And Half Crore In The Showroom Of Prashant Agarwal, A Sarafa Trader In Kotwali Area, (3) Chetna Samla's Murder Case Of The Year 2010, (4) Clerk Of A Trader Robbed Of Lakhs Of Ruppees In Phaphamau In The Year 2009, Robbery In Sisodia Jewelleres Situated In Katra 2001, Robbery To The Tune Of Crores Of Rupees In The Showroom Of Rana Jewellers. The Report Further Mentions That This Cultural City Has Been Enveloped By Sheets Of Terror Where People Are Terrified On Account Of Increased Crime. The Report Further Reads That The City Is Shaken By More Than Half Dozen Murders Over A Period Of One Week Alone And The Fear Stricken People Are Compelled To Take To Streets.

The Security To Life And Property Of A Citizen Is The State Subject And Duty Is Cast On The State To Protect The Life And Property Of The Citizen. By This Reckoning, The State Has A Duty To Hone Up Its Existing Official Apparatus In Order To Stem The Rot Which Has Resulted In Sudden Spurt In The Crime. The Faith Of People In The Efficacy Of State For Its Security Is The Bedrock Of Our Democracy And The Judiciary Cannot Be Expected To Wink At Whatever Has Been Happening On The Assumption That It Is The Duty Of The State To Take Proactive Measures.

The Arguments Advanced Across The Bar Substantially Are That Recently, The Apex Court Is Already Seized Of The Matter Of Exorcising The Police Of Extrinsic Influence In Its Day To Day Working. With The Spurt In Population, The Task Of Police Has Multiplied And On Account Of Increased Work, It Is Bursting At The Seam. There Is Need To Revamp The Working Of The Police. It Has To Be Seen That It Is Not Harassed At The Superior Level And It Is Provided With Adequate Infrastructure At The Police Station So As To Increase Mobility. At Present It Appears To Be Force Wilting Under Every Bit Of Extrinsic Pressure And It Is Very Difficult For It To Conduct Investigation Fairly And Properly. Lastly, It Is Argued That Arushi Murder Case Could Not Be Solved On Account Of Lack Of Scientific Skill On The Part Of The Local Police Which Initially Conducted The Investigation Which Was Not Only Unscientific But Appeared To Be Shoddy Work Resulting In Destruction Of Clinching Evidence Which Could Be Collected In The First Instance. It Is Also Alleged That Large Number Of Cases Hinging On Circumstantial Evidence Go Unpunished For Slackness And Lack Of Skill On The Part Of The Police.

This Is The Crux Which Has Been Ventilated By The Learned Counsel Appearing For The Petitioner.

In All The Incidents Which Shook Allahabad And Other Places In The State, The Police Has Not Yet Been Able To Get Clues Or To Bring The Culprits To Book And All This Lends Credence To The Submission Of The Learned Counsel That The Police Lacks Proper Skill And Scientific Temper And There Is Felt And Urgent Need To Reform Its Working.

Before We Proceed Further In The Matter, It Is Essential That We Should Have The View-point As To What Measures The Government As Proposes To Take For Reforming The Working Of The Police In The Larger Public Interest Of The State.

The Learned Government Advocate Who Appeared For The State Prayed For Time. He Is Granted A Week's Time And It Is Desirable That An Exhaustive Counter Affidavit Should Be Filed Which Should Be Sworn By A Responsible Officer Of The Government Involved In Formulation Of Policy Decisions At Governmental Level.

List This Matter After A Week.

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