Latest News
Back
Document:
[Vikas Dubey Encounter] Allahabad High Court dismisses PIL seeking direction to State govt to take action on SIT report; imposes Rs. 25,000 costs.
The Allahabad High Court on Monday disregarded a public interest litigation (PIL) petition which sought instructions to the State authorities to do so at the Special Investigation Team (SIT) record withinside the case regarding alleged come across killing of gangster Vikas Dubey (Saurabh Bhadauria v. the State of UP). The Court additionally imposed fees of Rs. 25,000 at the petitioner, advise Saurabh Bhadauria, pointing out that the plea became a strive with the aid of using the petitioner to "have his personal grievance redressed via a style of public interest litigation."
A Division Bench of Chief Justice Sanjay Yadav and Justice Ritu Raj Awasthi stated that PIL can't be used as a device to settle personal grudges. "Evidently the petition is nomenclatures as Public Interest Litigation. However, ongoing via complete pleadings it seems that the petitioner has approached this Court to have his personal grievance redressed via a style of public interest litigation. Personal grudge needs to be settled according to with regulation earlier than suitable discussion board and now no longer via litigation depicting to be a public hobby," the Court stated.
On July 11, 2020, an SIT became fashioned with the aid of using the Uttar Pradesh authorities to probe into the alleged come across killing of Dubey. It consisted of Sanjay Bhoosreddy (IAS officer), Hari Ram Sharma (Additional Director General of Police), and J Ravinder Goud (Deputy Inspector General of Police). The SIT submitted its record on November 4, 2020. It was suggested that the three-member SIT, had advocated movement in opposition to ninety officers from the police, Rural Development, Food, and Revenue Departments for his or her alleged involvement in supporting the gangster construct his empire.
Bhadauria, who's a resident of Kanpur, had then approached the Court with the aid of using the manner of a PIL looking for instructions to the State authorities to behave at the record. Bhaduria sought the subsequent reliefs from the court: To direct the worried respondents to take consciousness of the diverse findings/pointers of the Joint Report dated 29/08/2017 supplied with the aid of using the Additional City Magistrate, Kanpur Nagar and Circle Officer, Najirabad, Kanpur Nagar and to take all suitable prison and administrative movements as consistent with those findings/pointers. To direct the worried respondents to take consciousness of the diverse findings/pointers of the Report dated 21/03/2018 supplied with the aid of using Sri KC Goswami, then Additional Superintendent of Police, Kannauj and to take all suitable prison and administrative movements as consistent with the above-stated findings/pointers.
To summon a duplicate of the locating and pointers of the 03 member Special Investigation Team with Sri Sanjay Bhoosreddy, IAS as its Chairman, constituted with the aid of using the State Government on 11/07/2020 as regards the Bikru case in Chaubepur Thana, Kanpur Nagar on 03/07/2020 and thereafter kindly problem a Writ withinside the nature of Mandamus or every other suitable writ, order or course directing the worried respondents to take consciousness of the diverse findings/advice of this Report of Sanjay Bhoosreddy Special Investigation Team and to take all suitable prison and administrative movements as consistent with the above-stated findings/pointers.
"We aren't willing to motive any indulgence withinside the matter. As the existing petition isn't proper public hobby litigation, consequently it's far disregarded with a fee of Rs.25,000," the Court stated even as disregarding the plea. Earlier, in August 2020, the Supreme Court disregarded a plea filed with the aid of using Advocate Ghanshyam Upadhyay looking to disband the 3-member inquiry fee headed with the aid of using Justice (retd.) BS Chauhan, which became fashioned to analyze the extrajudicial killing of gangster Vikas Dubey with the aid of using the Uttar Pradesh Police. Advocates Nutan Thakur and Deepak Kumar represented the petitioner and Additional Advocate General, VK Shahi regarded for the state.
Document:
