Thursday, May 16, 2013

Hon'ble High Court asks Govt to reply on PIL to free Vigilance, CID etc

Hon'ble High Court asks Govt to reply on PIL to free Vigilance, CID etc

It was really a great pleasure standing before the Hon'ble Chief Justice Court and getting an extremely positive and favourable response from all sides, including the Hon'ble Court and the respondent counsel.
In the PIL filed by me and wife Nutan to end the current control exercised by the State Government on various investigative agencies of UP, the Jon'ble Allahabad High Court, Lucknow Bench asked the State government to respond with a detailed counter affidavit within eight weeks.

The bench of Chief Justice Hon'ble Shiv Kirti Singh and Justice Hon'ble D K Arora ordered that the State shall indicate in its response specifically about that part of the petition that prays that the concerned investigative agencies described as premier investigative agencies of the State, shall be allowed to file their charge sheet straight to the Court as against the present system of taking permission from the State government. 

In the Court I argued that the agencies including Vigilance Establishment, CB-CID, EOW, SIB Cooperative and ACO do investigations and enquiries as per CrPC, where complete responsibility and powers lies in the investigating officer and his superior police officers.  It is expected that the enquiry officer will present the facts directly to the Court. As against this, in UP, reports are sent to the State Government, who takes the final decision.

What was really heartening was the fact that as a rarity, even the State Counsel, Additional Advocate General Ms Bulbul Godiyal seemed to agree on the broader parameters raised by me and said that even the DG, EOW had already sent a proposal in December 2012 to be allowed to file its report directly to the Court which is under active consideration before the State government. She said that the State government will positively look into the facts presented by the petitioners.

It was surely a very satisfying exercise which pleases me to a great extent to think that I also made a small contribution to the cause of justice in this extremely sensitive and important matter, which many police officers and men working in the field of transparency and accountability had been internally opposing for years.

1 comment:

  1. It's a fantastic move.Let's see if anything really happens. In my opinion all the regulatory establishments should be made independent. They should be made accountable to parliament and court only.