By Raqib Hameed Naik, TwoCircles.net
Allahabad (UP): In a significant decision, the Allahabad High Court dismissed a Public Interest Litigation (PIL) filed by BJP spokesperson Indra Pal Singh seeking the quashing of decision of Uttar Pradesh Government to appoint a retired judge, Justice Imtiaz Murtaza, to conduct enquiry into the Jawaharbagh incident in which dozens of protestors including two police officers were killed.
The BJP spokesperson had appealed that the judge appointed should be well versed with the Hindu Dharma.
The two Judge Bench comprising of Justices Narayan Shukla and Suneet Kumar hearing the PIL has also imposed a fine of Rs 25,000 on the BJP spokesperson for filing frivolous, mischievous petition aimed at personal gains instituted at the behest of a person seeking publicity and asked him to deposit the amount with the Collector of Lucknow within eight weeks.
Photo Courtesy: IndianExpress
“On reading the petition and the averments made therein, we have no doubt in holding that the petition which is styled as PIL is nothing but a camouflage to foster cheap and malicious publicity. It is not being disputed by the learned counsel, that the petitioner before the court is a political person and a busy body. The grievance of the petitioner is primarily the religion of the Judge appointed to head the Commission of Inquiry under Act, 1952,” observed the two judge bench.
“Religion has not been assigned any role in the appointment of judges of commissions or for that matter for any office under the State, as such, the petition is not only malicious but has been filed with an ulterior motive which tantamounts to interfere not only with the judicial process but also goes to the root in questioning the constitutional scheme based on rule of law,” the bench further added.
The bench also directed the Bar council of Uttar Pradesh to initiate disciplinary proceedings against the Advocate, Asok Pande who appeared for the Petitioner, for filing the frivilious petition, which is violative of the provisions of Advocates Act, 1961.
“The Court admonished the conduct of Sri Pande and directed the Registry of this Court that each petition instituted by Sri Pande in person be accepted for filing, only if, it is accompanied by a demand draft of Rs. 25,000/-. In the given facts of this case, a serious issue on communal lines has been pleaded tarnishing the image of the Judge merely for the reason of his religion, which has been the modus operandi of Sri Pande in several earlier petitions drafted and filed by him,” the bench said.
Importantly 29 people, including then SP (City), Mukul Dwivedi and Station House Officer, Santosh Yadav, were killed in a clash between police and violent encroachers in Jawahar Bagh, Mathura earlier this month.
The encroachers were members of Azad Bharat Vidhik Vaicharik Kranti Satyagrahi, an outfit claiming to owe allegiance to Netaji Subhash Chandra Bose and had encroached on the area comprising the public park for last two years.