\t\u0906\u0908\u092a\u0940\u090f\u0938 \u0905\u0927\u093f\u0915\u093e\u0930\u0940 \u0905\u092e\u093f\u0924\u093e\u092d \u0920\u093e\u0915\u0941\u0930 \u0914\u0930 \u0938\u093e\u092e\u093e\u091c\u093f\u0915 \u0915\u093e\u0930\u094d\u092f\u0915\u0930\u094d\u0924\u093e \u0928\u0942\u0924\u0928 \u0926\u094d\u0935\u093e\u0930\u093e \u0909\u0924\u094d\u0924\u0930 \u092a\u094d\u0930\u0926\u0947\u0936 \u0915\u0947 \u0935\u093f\u092d\u093f\u0928\u094d\u0928 \u0905\u0928\u094d\u0935\u0947\u0937\u0923 \u090f\u091c\u0947\u0902\u0938\u093f\u092f\u094b\u0902 \u0915\u0940 \u091c\u093e\u0902\u091a \u092a\u094d\u0930\u0915\u094d\u0930\u093f\u092f\u093e \u092e\u0947\u0902 \u0938\u0930\u0915\u093e\u0930 \u0915\u0947 \u0928\u093f\u092f\u0902\u0924\u094d\u0930\u0923 \u0915\u094b \u0938\u092e\u093e\u092a\u094d\u0924 \u0915\u093f\u092f\u0947 \u091c\u093e\u0928\u0947 \u0938\u092e\u094d\u092c\u0902\u0927\u093f\u0924 \u092a\u0940\u0906\u0908\u090f\u0932 \u092e\u0947\u0902 \u0906\u091c \u0907\u0932\u093e\u0939\u093e\u092c\u093e\u0926 \u0939\u093e\u0908 \u0915\u094b\u0930\u094d\u091f, \u0932\u0916\u0928\u090a \u092c\u0947\u0902\u091a \u0928\u0947 \u0930\u093e\u091c\u094d\u092f \u0938\u0930\u0915\u093e\u0930 \u0938\u0947 \u0906\u0920 \u0938\u092a\u094d\u0924\u093e\u0939 \u092e\u0947\u0902 \u0905\u092a\u0928\u093e \u0935\u093f\u0938\u094d\u0924\u0943\u0924 \u092a\u094d\u0930\u0924\u093f\u0936\u092a\u0925 \u092a\u0924\u094d\u0930 \u0926\u093e\u092f\u0930 \u0915\u0930\u0928\u0947 \u0915\u094b \u0915\u0939\u093e \u0939\u0948.<\/p>\n
\t\u091a\u0940\u092b \u091c\u0938\u094d\u091f\u093f\u0938 \u0936\u093f\u0935 \u0915\u0940\u0930\u094d\u0924\u093f \u0938\u093f\u0902\u0939 \u0914\u0930 \u091c\u0938\u094d\u091f\u093f\u0938 \u0921\u0940 \u0915\u0947 \u0905\u0930\u094b\u095c\u093e \u0915\u0940 \u092c\u0947\u0902\u091a \u0928\u0947 \u0906\u0926\u0947\u0936\u093f\u0924 \u0915\u093f\u092f\u093e \u0915\u093f \u0938\u0930\u0915\u093e\u0930 \u0905\u092a\u0928\u0947 \u091c\u0935\u093e\u092c \u092e\u0947\u0902 \u092f\u093e\u091a\u093f\u0915\u093e \u0915\u0947 \u0909\u0938 \u0939\u093f\u0938\u094d\u0938\u0947 \u092a\u0930 \u092d\u0940 \u0905\u092a\u0928\u0940 \u0938\u094d\u0925\u093f\u0924\u093f \u0938\u094d\u092a\u0937\u094d\u091f \u0915\u0930\u0947 \u091c\u093f\u0938\u092e\u0947 \u092f\u0939 \u092a\u094d\u0930\u093e\u0930\u094d\u0925\u0928\u093e \u0915\u0940 \u0917\u092f\u0940 \u0939\u0948 \u0915\u093f \u0907\u0928 \u0905\u0928\u094d\u0935\u0947\u0937\u0923 \u090f\u091c\u0947\u0902\u0938\u0940, \u091c\u093f\u0928\u094d\u0939\u0947\u0902 \u092f\u093e\u091a\u093f\u0915\u093e \u092e\u0947\u0902 \u0936\u094d\u0930\u0947\u0937\u094d\u0920 \u0905\u0928\u094d\u0935\u0947\u0937\u0923 \u090f\u091c\u0947\u0902\u0938\u0940 \u0915\u0939\u093e \u0917\u092f\u093e \u0939\u0948, \u0915\u094b \u0905\u092a\u0928\u0940 \u091c\u093e\u0902\u091a \u0938\u092e\u093e\u092a\u094d\u0924 \u0915\u0930\u0928\u0947 \u0915\u0947 \u092c\u093e\u0926 \u0930\u093e\u091c\u094d\u092f \u0938\u0930\u0915\u093e\u0930 \u0938\u0947 \u0905\u0928\u0941\u092e\u0924\u093f \u0932\u0947\u0928\u0947 \u0915\u0947 \u092c\u091c\u093e\u092f \u0938\u0940\u0927\u0947 \u0915\u094b\u0930\u094d\u091f \u092e\u0947\u0902 \u0905\u092a\u0928\u093e \u0906\u0930\u094b\u092a\u092a\u0924\u094d\u0930 \u0926\u093e\u092f\u0930 \u0915\u0930\u0928\u0947 \u0915\u093e \u0905\u0927\u093f\u0915\u093e\u0930 \u092e\u093f\u0932\u0947.<\/p>\n
\t\u0905\u092e\u093f\u0924\u093e\u092d \u0928\u0947 \u0905\u092a\u0928\u0947 \u092c\u0939\u0938 \u092e\u0947\u0902 \u0915\u0939\u093e \u0915\u093f \u0938\u0924\u0930\u094d\u0915\u0924\u093e \u0905\u0927\u093f\u0937\u094d\u0920\u093e\u0928, \u0938\u0940\u092c\u0940-\u0938\u0940\u0906\u0908\u0921\u0940, \u0908\u0913\u0921\u092c\u094d\u0932\u094d\u092f\u0942 \u090f\u0938\u0906\u0908\u092c\u0940 \u0915\u094b-\u0911\u092a\u0930\u0947\u091f\u093f\u0935 \u0924\u0925\u093e \u090f\u0938\u0940\u0913 \u0905\u092a\u0930\u093e\u0927\u094b\u0902 \u0915\u093e \u0905\u0928\u094d\u0935\u0947\u0937\u0923 \u0914\u0930 \u091c\u093e\u0902\u091a \u0926\u0902\u0921 \u092a\u094d\u0930\u0915\u094d\u0930\u093f\u092f\u093e \u0938\u0902\u0939\u093f\u0924\u093e \u0915\u0947 \u0905\u0928\u0941\u0938\u093e\u0930 \u0915\u0930\u0924\u0947 \u0939\u0948\u0902, \u091c\u093f\u0938\u092e\u0947 \u092a\u0942\u0930\u093e \u0926\u093e\u092f\u093f\u0924\u094d\u0935 \u0914\u0930 \u0905\u0927\u093f\u0915\u093e\u0930 \u0905\u0928\u094d\u0935\u0947\u0937\u0923 \u0905\u0927\u093f\u0915\u093e\u0930\u0940 \u0914\u0930 \u0909\u0938\u0915\u0947 \u0935\u0930\u093f\u0937\u094d\u0920 \u092a\u0941\u0932\u093f\u0938 \u0905\u0927\u093f\u0915\u093e\u0930\u093f\u092f\u094b\u0902 \u0915\u094b \u0939\u0948\u0902. \u0907\u0938\u0915\u0947 \u0935\u093f\u092a\u0930\u0940\u0924 \u0909\u0924\u094d\u0924\u0930 \u092a\u094d\u0930\u0926\u0947\u0936 \u092e\u0947\u0902 \u091c\u093e\u0902\u091a \u0936\u093e\u0938\u0928 \u0915\u094b \u0938\u094c\u0902\u092a\u0940 \u091c\u093e\u0924\u0940 \u0939\u0948 \u0914\u0930 \u0935\u0947 \u0939\u0940 \u0907\u0928 \u092a\u0930 \u0905\u0902\u0924\u093f\u092e \u0928\u093f\u0930\u094d\u0923\u092f \u0915\u0930\u0924\u0947 \u0939\u0948\u0902.<\/p>\n
\t\u0930\u093e\u091c\u094d\u092f \u0915\u0940 \u0913\u0930 \u0938\u0947 \u0905\u092a\u0930 \u092e\u0939\u093e\u0927\u093f\u0935\u0915\u094d\u0924\u093e \u092c\u0941\u0932\u092c\u0941\u0932 \u0917\u094b\u0926\u093f\u092f\u093e\u0932 \u0928\u0947 \u0915\u094b\u0930\u094d\u091f \u0915\u094b \u092c\u0924\u093e\u092f\u093e \u0915\u093f \u0926\u093f\u0938\u0902\u092c\u0930 2012 \u092e\u0947\u0902 \u0921\u0940\u091c\u0940, \u0908\u0913\u0921\u092c\u094d\u0932\u094d\u092f\u0942 \u0926\u094d\u0935\u093e\u0930\u093e \u0935\u093f\u0935\u0947\u091a\u0928\u093e \u0915\u0947 \u092c\u093e\u0926 \u0905\u092a\u0928\u0940 \u0930\u093f\u092a\u094b\u0930\u094d\u091f \u0938\u0940\u0927\u0947 \u0915\u094b\u0930\u094d\u091f \u092e\u0947\u0902 \u0926\u093e\u0916\u093f\u0932 \u0915\u0930\u0928\u0947 \u0915\u0940 \u0905\u0928\u0941\u092e\u0924\u093f \u092e\u093e\u0902\u0917\u0940 \u0917\u092f\u0940 \u0939\u0948 \u091c\u093f\u0938 \u092a\u0930 \u0936\u093e\u0938\u0928 \u0935\u093f\u091a\u093e\u0930 \u0915\u0930 \u0930\u0939\u093e \u0939\u0948. \u0909\u0928\u094d\u0939\u094b\u0902\u0928\u0947 \u0915\u0939\u093e \u0915\u093f \u0936\u093e\u0938\u0928 \u092f\u093e\u091a\u0940\u0917\u0923 \u0926\u094d\u0935\u093e\u0930\u093e \u092a\u094d\u0930\u0938\u094d\u0924\u0941\u0924 \u0924\u0925\u094d\u092f\u094b\u0902 \u092a\u0930 \u0938\u0915\u093e\u0930\u093e\u0924\u094d\u092e\u0915 \u0922\u0902\u0917 \u0938\u0947 \u0935\u093f\u091a\u093e\u0930 \u0915\u0930\u0947\u0917\u093e.<\/p>\n
\tIn the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow<\/p>\n
\tWrit petition No- 4055 of 2013 (PIL-Civil)<\/p>\n
\tAmitabh Thakur and another Petitioners<\/p>\n
\tVersus<\/p>\n
\tState of UP and others Respondents
\t LIST OF DATES AND EVENTS<\/p>\n
\tS No Date Event <\/p>\n
\t 1860 Police Act promulgated
\t 1888 Rudimentary form of CBCID
\t 1965 Vigilance Act promulgated
\t 1973 CrPC 1973 promulgated
\t 1970s till date various Investigative agencies formed<\/p>\n
\tUttar Pradesh has various premier investigative and anti-corruption agencies which are presently being forced to send the progress report of their investigations and enquiries to the State government which is against the provisions of criminal law and are also against the spirit of professionalism. This also creates a situation where the State government has all the powers with no statutory responsibilities. In similar questions related with Central Bureau of Investigation, the Hon’ble Supreme Court in Vineet Narain vs Union of India and others has very clearly stated that the investigative agency cannot remain under the investigative control of the executive. Based on all these facts and the current situation in UP, there seems to be an immediate need to get these investigative agencies away from the improper and illegal control of the State government as regards its intervention in the investigative process.<\/p>\n
\tHence this Writ Petition. <\/p>\n
\t <\/p>\n
\tLucknow Amitabh Thakur
\tDated- 13\/05\/2013 Petitioner in Person # 94155-34526<\/p>\n
\t <\/p>\n
\t <\/p>\n
\tIn the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow<\/p>\n
\tWrit petition No- 4055 of 2013 (PIL-Civil)<\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t Amitabh Thakur, aged about 45 years, s\/o Sri T N Thakur r\/o 5\/426, Viram Khand, Gomti Nagar, Lucknow
\t Dr Nutan Thakur, aged about 40 years, w\/o Sri Amitabh Thakur r\/o 5\/426, Viram Khand, Gomti Nagar, Lucknow——– Petitioners<\/p>\n
\tVersus<\/p>\n
\t State of Uttar Pradesh through Principal Secretary, Vigilance, Civil Secretariat, Lucknow
\t State of Uttar Pradesh through Principal Secretary, Home and Confidential section (Gopan), Civil Secretariat, Lucknow
\t Uttar Pradesh Vigilance Establishment through Director, UP Vigilance Establishment, Gomti Nagar, Lucknow
\t Crime Branch-Criminal Investigation Department through Additional Director General, CB-CID, Gomti Nagar, Lucknow
\t Economic Offences Wing through Additional Director General, Economic Offences Wing, Indira Bhawan, Lucknow
\t Anti Corruption Organization through Additional Director General, Anti Corruption Organization, Indira Bhawan, Lucknow
\t Special Investigation Branch, Cooperative through Additional Director General, SIB, Cooperative, Gomti Nagar, Lucknow
\t Director General of Police, Uttar Pradesh, Lucknow ——– Respondents<\/p>\n
\tWrit Petition under Article 226 of the Constitution of India<\/p>\n
\tTo,<\/p>\n
\tThe Hon’ble Chief Justice and His other Hon’ble companion Judges of the aforesaid Court:<\/p>\n
\tThe humble petition of the above named petitioner most respectfully begs to submit as under:<\/p>\n
\t That by means of this petition, the petitioners are invoking the extra ordinary jurisdiction of this Hon’ble Court vested with it through Article 226 of the Constitution to file this Public Interest Litigation (PIL) with a prayer to kindly issue a writ of mandamus to the Respondents No 3(Uttar Pradesh Vigilance Establishment- Vigilance, for short), 4 (Crime Branch, Criminal Investigation Department-CBCID for short) , 5 (Economic Offences Wing- EOW, for short), 6 (Anti Corruption Organization- ACO, for short) and 7 (Special Investigation Branch, Cooperative- SIB, for short), the various premier anti-corruption and specialized criminal investigating agencies of the State of Uttar Pradesh, directing them in future to ensure complete independence of investigations and criminal enquiries conducted by them solely as per the provisions of criminal laws and the Police Act 1861, specially in the light of the order of the Hon’ble Supreme Court in Vineet Narain & Others vs Union Of India & Another (AIR 1998 SC 889, 1998CriLJ1208, (1998) 1SCC 226) and Writ Petition (Crl.) No(S). 120 of 2012 (Manohar lal Sharma vs Union of India) and others, so as to take all the professional decisions as regards the investigations and enquiries done by them as provided to them under the various provisions of law at their end and thus not to submit their investigation and criminal enquiry reports before their respective administrative departments- Vigilance Department, respondent No 1 (for Vigilance) and Home Department, respondent No 2 (for CBCID, EOW, ACO and SIB) for perusal and approval of their investigations and enquiries as is being done presently. The petitioners accordingly pray to kindly issue a writ of mandamus to Vigilance Department and Home Department of the Uttar Pradesh Government (respondents No 1 and 2) directing them to immediately stop the current practice of calling the investigations and criminal enquiries of Vigilance, CBCID, EOW, ACO and SIB for their perusal and approval and for issuing directions and instructions from time to time as regards the investigation and enquiry process as is being done presently and in the process to kindly summon all such orders\/directions\/government memorandums\/GOs passed by the Uttar Pradesh Government till date through which instructions have been issued by the State Government to these premier criminal and anti-corruption agencies to submit their investigations and criminal enquiries to the State Government for their perusal and final approval, before this Hon’ble Court and to quash them as being against the provisions of law and as being against the interest of justice and wider public\/societal interest.<\/p>\n
\tThe petitioners declare that they have not filed any other Writ petition before the Hon’ble Supreme Court and this Hon’ble Court either at Allahabad or its Lucknow bench pertaining to the subject matter and\/ or for the relief prayed for in the instant writ petition. It is further declared that in respect of the same subject, no caveat notice has been received by the petitioners. They also declare that to the best of their knowledge and their search, there is no other such Writ Petition\/PIL as regards the above issues being presented through this Writ Petition pending anywhere either in the Hon’ble Supreme Court or before this Hon’ble Court, as far as the petitioners know.<\/p>\n
\t That this is a Public Interest Litigation (PIL) being filed to immediately ensure complete independence of the premier criminal investigation and anti-corruption agencies of the State of Uttar Pradesh from various administrative controls as being against the letter and spirit of criminal laws and as being detrimental to the true professionalism of these criminal investigation and anti-corruption agencies. The purpose is also to get these criminal investigation and anti-corruption agencies freed from such administrative controls which have all the power to control and guide investigations and criminal enquiries without any accompanied responsibilities\/accountabilities.
\t That the PIL is being filed in the wake of the recent happenings at the national level where the famous words of the Hon’ble Supreme Court-“It's a sordid saga that there are many masters and one parrot” as regards the functioning of the Central Bureau of Investigation is being discussed all over the country while the situation possibly is much much worse in the State of Uttar Pradesh where all the premier investigative agencies of the State seem to be under complete functional control of all the State government as can be seen from the recent newspaper reports of the Vigilance having completed its enquiry\/investigation as regards nine ex-ministers of the Uttar Pradesh government and having submitted its reports to the Vigilance Department for its approval and directions. The PIL is also a result of the personal experience of Petitioner No 1 while serving as SP, CBCID, Lucknow in 2000-2001 and recently as SP, EOW, Meerut in 2011.
\t That Black's Law Dictionary (6th Edition) defines public interest as: “Something in which the public, the community at large has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Interest shared by citizens generally in affairs of local , state or national Government ".
\t That similarly, an American journalist Walter Lippman in The Public Philosophy (1955) wrote, "Public interest is generally taken to mean a commonly accepted good. Public interest may be presumed to be what men would choose if they saw clearly, thought rationally, acted disinterestedly and benevolently"
\t That it can be easily seen that the issue being presented is associated with compliance of the provisions of law and for better and more professional investigation of serious criminal and corruption related cases in Uttar Pradesh. The matter concerns every person of the State and is also related with the Rule of law.
\t That in S.P. Gupta vs President of India and ors. (AIR 1982 SC 149, 1981 Supp (1) SCC 87, 1982 2 SCR 365) the Hon’ble Supreme Court said that-“The view has therefore been taken by the Courts in many decisions that whenever there is a public wrong or public injury caused by an act or omission of the State or a public authority which is contrary to the Constitution or the law, any member of the public acting bona fide and having sufficient interest can maintain an action for redressal of such public wrong or public injury. The strict rule of standing which insists that only a person who has suffered a specific legal injury can maintain an action for judicial redress is relaxed and a broad rule is evolved which gives standing to any member of the public who is not a mere busy-body or a meddlesome interloper but who has sufficient interest in the proceeding. There can be no doubt that the risk of legal action against the State or a public authority by any citizen will induce the State or such public authority to act with greater responsibility and care thereby improving the administration of justice.”
\t That the petitioners would beg to state that in the particular matter being presented, there is a public wrong and public injury caused due to the commissions and omissions of the Respondents which is contrary to the Constitution and the law as envisaged in various Statutes, is against the concept of responsibility and accountability and is also against the larger public interest. Hence the petitioners, as a public acting bona fide and having sufficient interest in the matter as public spirited persons and working in the field of transparency and accountability in governance approach this Hon’ble Court in the form of this PIL.
\t That they also want to respectfully beg that they are not a mere busy-body or a meddlesome interloper, but citizen of India who work deeply and sincerely in the field of transparency and accountability in Governance and hence they seem to have sufficient interest and genuine rights to approach this Hon’ble Court through this PIL.
\t That in Janata Dal vs H.S. Chowdhary And Ors (AIR 1993 SC 892, 1993 CriLJ 600), the Hon’ble Supreme Court said-“The dominant object of PIL is to ensure observance of the provisions of the Constitution or the law which can be best achieved to advance the cause of community or disadvantaged groups and individuals or public interest by permitting any person, having no personal gain or private motivation or any other oblique consideration but acting bona fide and having sufficient interest in maintaining an action for judicial redress for public injury to put the judicial machinery in motion like actio popularize of Roman Law whereby any citizen could bring such an action in respect of a public delict.”
\t That the petition being presented here satisfies all the deliberations presented by the Hon’ble Supreme Court in Janata Dal (supra) because here the sole object is to ensure observance of the provisions of the law and to ensure wider public interest. There obviously is no personal gain or private motivation or any other oblique consideration with the petitioners but acting bona fide and having sufficient interest in maintaining an action for judicial redress for public injury to put the judicial machinery in motion.
\t That the petitioners would beg to humbly state that they shall be presenting all the relevant facts related with themselves, their particulars, their past works, their concerns and their credentials. The petitioners make it amply clear that their objective here is not to malign any particular individual or legal entity. The sole purpose is to bring the extremely serious facts before the notice of this Hon’ble Court so that suitable legal action is initiated in this case.
\t That this being a PIL, in pursuance of Rule 1, subrule (3A) of Chapter XXII of the Allahabad High Court Rules 1952 the petitioners find it relevant to present some facts regarding their own credibility. Petitioner no 1 is an officer of the Indian Police Service, Uttar Pradesh Cadre though he is filing this Writ Petition in his individual capacity as a concerned citizen of this Nation. He is also concerned with various social issues and has filed WP No 3489 of 2012 (PIL-MB) as regards the role of Intermediaries in the Information Technology Act 2000 and WP No 3153 of 2012 (PIL-MB) as regards the legal and administrative status of the Board of Cricket Control for India (BCCI W P No 7596 of 2012 (PIL- Civil) along with petitioner No 2, his wife. He is also striving for formation of a Unified Police Association for all policemen, right from the Constable to the DGP and filed two Writ Petitions which allege discrimination between superior and subordinate officers in Para Military forces like the PAC, CRPF etc.
\t That petitioner No 2 is a social activist and freelance journalist who wants to genuinely and positively contribute to the society in all possible ways. She works primarily in the field of transparency and accountability in governance, Human Rights and assisting in the enforcement of Rule of law. The matter being presented here is primarily related with the enforcement of Rule of law as enshrined in the Constitution of India. The petitioner has filed a very large number of important Public Interest Litigations which include WP No 3028 of 2011 (PIL-MB) about exorbitant rise of Airfares during emergency periods, WP No 1361 of 2012 (M\/B) as regards the “Model Code Of Conduct For The Guidance Of Political Parties And Candidates” issued by the Election Commission of India, WP No 1061 of 2013 (M\/B) where she challenged the appointment process of various State Government Commissions etc including the way Sri K C Pandey was made the Vice Chairman of Ganna Sansthan despite being an accused in a very serious case, PIL No 1587 of 2013 for enforcement of the Protection of Children from Sexual Offences Act, 2012 which has been enacted to safeguard the interests of the hapless and helpless children who become victims of sexual abuse etc. She recently filed a PIL No 2717 of 2013 for formation of Child Commission in Uttar Pradesh.
\t That in pursuance of the above Rule 1(3A) of the High Court Rules, the petitioners state that the public cause they are seeking to espouse through this Writ Petition is to insure the strict compliance of law whereby the independence of the premier criminal and anti-corruption agencies of the State is ensured and the unwarranted interventions of the State Government, with all powers and no accountability, gets ended.
\t That the petitioners put it on oath that they are not filing this PIL nor have they filed any other PIL for any ulterior motive save the stated one nor have they received a single penny through any backdoor activity while filing these PILs. They state on oath that they have no personal or private interest in the matter and as far as they know there is no authoritative pronouncement by the Hon’ble Supreme Court or this Hon’ble High Court on the specific questions raised though the Hon’ble Supreme Court has made many important pronouncements on related issues of the independence of Central Bureau of Investigation. They put it on oath that the result of the Litigation will not lead to any undue gain to them or anyone associated with them or any undue loss to any person, body of persons or to the State.
\t That coming to the matter of the PIL, it is respectfully submitted that the words "cognizable offence", "investigation", "offence" and "police report" have been defined in section 2 of the Code of Criminal Procedure 1973 (CrPC, for short)
\t That section 41(1)(a) of the CrPC empowers a police to arrest any person who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned
\t That possibly the most important Chapter in the CrPC related to police is Chapter XII as regards- “Information to the Police and their powers to investigate”.
\t That section 154 us as regards “Information in cognizable cases” while section 156 and 157 are about the power of any officer in charge of a police station or one of his specified subordinate officers to investigate cognizable cases. Section 158 is as regards the report to be submitted to a Magistrate and the powers of the superior officers to give such instructions to the officer in charge of the police station as he thinks fit as regards the investigation.
\t That as per 173(2) of the CrPC-“(i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government” and as per section 173(3)-“Where a superior officer of police has been appointed under section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation,
\t That all the above legal provisions are as regards criminal investigations of cognizable offences.
\t That other than the investigations of cognizable offences duly registered under the provisions of section 154(1), 154(3) or 156(3) of the CrPC, the investigative agencies mentioned in this Writ Petition, viz., Vigilance, CBCID, ACO, EOW, SIB etc also get “enquiries”. These enquiries, by whatever names they are known in the respective investigative agencies, are in a way against the basic provisions of criminal law because as per section 154(1) of CrPC, every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing and hence all in these so-called enquiries where the subject matter is more often than not, an information relating to the commission of a cognizable offence, before proceeding any further, it should have been reduced in writing as the First Information Report (FIR, for short) and then the matter should have been further taken up in accordance with the provisions of Chapter XII of the CrPC.
\t That unfortunately a system has developed where despite there being information relating to the commission of a cognizable offence, the police\/investigative agencies do not register the FIR immediately and initially they go for these so-called enquiries and only on the basis of such enquiry reports and their proper assessment\/evaluation, an FIR is registered and further investigation undertaken.
\t That since this is not the issue being agitated here, the petitioners would not dwell over it any further except saying that even though an FIR is not already registered in these enquiries, yet for all practical purposes these enquiries are conducted in almost the same manner as the investigations carried under the provisions of CrPC, where the investigative agencies treat them in almost like manner as criminal investigations.
\t That thus the criminal investigations and the so-called enquiries in allegation\/information relating to the commission of a cognizable offence where FIR has not been registered become almost similar in nature and content and may be treated akin.
\t That hence even these enquiries need to be treated as being quite identical in nature to the criminal investigation and shall follow the same set of laws as are meant for criminal investigation because except an FIR not being registered in these cases, they have all the form, character and nature of criminal investigation
\t That there is also another relevant legal provision stated in section 3 of the Police Act of 1861-"Superintendence in the state Government:- The superintendence of the police throughout a general police district shall vest in and shall be exercised by the State government to which such district is subordinate, and except as authorised under the provisions of this Act, no person, officer or court shall be empowered by the State government to supersede or control any police functionary.”
\t That another fact that needs to be kindly seen is that among the five investigative agencies mentioned in this Writ Petition, only one- the Uttar Pradesh vigilance Establishment (Vigilance, for short) has a separate and independent statutory backing, being governed by the Uttar Pradesh vigilance Establishment Act 1965 (Vigilance Act, for short) while the rest of these premier investigative agencies- CBCID, EOW, ACO and SIB have not been created through any statute but through various Government orders at different points of time for various purposes.
\t That it is also noteworthy to see that while Vigilance has been treated as a police station as per the Vigilance Act where First Information Reports can be registered, other investigative agencies are not treated as police stations and they do not have the powers to register FIRs. In their cases, either FIRs already registered at various police stations are transferred to these agencies for investigation or in case these agencies find it appropriate after any enquiry on their part that an FIR shall be registered, they get the FIRs registered at the concerned police station- usually as per the territorial jurisdictions.
\t That the the Uttar Pradesh Vigilance Establishment as per section 3 of the Vigilance Act- “Constitution and powers of the Vigilance Establishment : (1) Not withstanding anything in the police Act 1861, the State Government may constitute a special police force to be called for the investigation of offences notified under the section 3. (2) Subject to any orders which the State Government may make in this behalf members of the said establishment shall have, in relation to the investigation of such offences and arrest of persons concerned in such offences, all the powers , duties, privileges and liabilities which police officers holding corresponding ranks in the ordinary police force of the State have in connection with investigation of offences and shall for purpose of conferment of powers under any law for the time being in force be deemed to be police officers holding corresponding ranks in the ordinary police force of the State. (3)Any member of the said establishment of or above the rank of Sub Inspector may, subject to any orders which the state Government may make in this behalf , exercise, in discharging his functions under sub section(2), any of the powers of the officer in charge of police station in the area in which he is for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an officer-in-charge of a police station discharging the functions of such an officer within the limits of his station.”
\t That superintendence and administration of the Vigilance Establishment is stated in section 4 of the Vigilance Act-“ (1) The superintendence of the Uttar Pradesh Vigilance Establishment shall vest in the State Government. (2) The administration of the said establishment shall vest in an officer to be called the Director of Vigilance , appointed in this behalf by the state Government, who shall exercise, in respect of that establishment , such of the powers exercisable by the Inspector. General of Police in respect of the ordinary police force of the State as the State Government may specify in this behalf. (3) Save as otherwise provided in this Act the provisions of the Police Act, 1861 and of the rules and regulations made thereunder as the apply in relation to members of the ordinary police force of the State shall apply in relation to members of the said establishment , subject to such adaptations, whether by way of modification , addition or omission as may purposes of the Act.”
\t That the State Government passed a Notification No. 4294\/XXXIX (2)-33(10-3)-76 Dated 03\/09\/1977 which stated among other things-“2- The Governor is also pleased to order that the Vigilance Establishment shall submit to the Government in the Vigilance department reports of progress of investigation and on the completion of investigation it shall submit its detailed report embodying its conclusions and recommendations and copies of the proposed charge-sheet, if prosecution is recommended.” A copy of the Vigilance Notification dated 03\/09\/1977 is being attached as Annexure No 1.
\t That the CBCID has its origin in the "Special Branch" which on its creation in 1888 acted under the control of a Superintendent of Police (SP, for short). In 1958, CID was bifurcated into Intelligence Department and Investigation Department and the latter was named as Criminal Investigation Department.
\t That as per the information provided by CBCID under section 4 of the Right to Information Act (RTI Act for short) on the UP Police website- “vijk\/k 'kk[kk]vijk\/k vuqlU\/kku foHkkx izns'k dh ,d fof'k"V ,oa 'kh"kZLFk tkap laLFkk gS] ftldks izns'k esa ?kfVr laosnu'khy egRoiw.kZ ,oa cgqpfpZr izdj.kksa dh tkap @foospuk;sa 'kklu }kjk vfHkfn"V dh tkrh gSA bl 'kk[kk dks foospuk;s orZeku esa 'kklu ds x`g foHkkx }kjk lkSih tkrh gSA” (CBCID is the premier highest investigative agency of the State which is given investigation\/enquiry of sensitive, important and much talked criminal cases. The investigations are presently allotted by the Home Department of the State Government)
\t That similarly the RTI information says-“vij iqfyl egkfuns'kd]vijk\/k 'kk[kk]vijk\/k vuqlU\/kku foHkkx bl laLFkk esa loksZPp vf\/kdkjh gS] laLFkk ds lEiw.kZ fdz;kdykiksa dk i;Zos{k.k ,oa ekxZn'kZu muds }kjk fd;k tkrk gSA fdlh Hkh izdj.k dh foospuk@tkap fdlh [k.M dk;kZy;@vf\/kdkjh }kjk dh tkuh gS] dk fu.kZ; Hkh vij iqfyl egkfuns'kd }kjk fy;k tkrk gSA foospuk @tkapksa ij izHkkoh fu;a=.k gsrq vij iqfyl egkfuns'kd]iqfyl egkfujh{kd]iqfyl miegkfujh{kd]iqfyl v\/kh{kd]vij iqfyl v\/kh{kd ,oa iqfyl mik\/kh{kd }kjk dzec} rjhds ls dq'kyi;Zos{k.k iznku fd;k tkrk gSA” (ADG, CBCID is the higest officer of this organization. He directs and supervises all its activities. He also decides about which unit\/officer shall be conducting a particular enquiry. For effective control over enquiry\/investigation the various supervisory layers are- ADG, IG, DIG, SP, Additional SP and the Deputy SP).
\t That the RTI information makes it very specific-“ lkekU;r% dk;kZy; lacaf\/kr jktdh; dk;ksZ ds fu"iknu esa iqfyl vkfQl eSuqvy] iqfyl jsxqys'ku rFkk le; le; ij 'kklu }kjk fuxZr fd;s x;s fofHkUu 'kklukns'kksa ds vk\/kkj ij dk;ksZ dk fuLrkj.k fd;k tkrk gS A blds vfrfjDr tkWpksa@foospukvksa ds fuLrkj.k esa Hkk0na0fo0 rFkk n0iz0l0 ds fu;eksa dk ikyu fd;k tkrk gS” (Generally the office related Government work is conducted as per Police Office Manual, Police Regulation and other Government Orders. In addition, the enquiries\/investigations are conducted as per the laws prescribed in the IPC and the CrPC).
\t That the Economic Offences Wing (EOW) came into existence on 30\/09\/1970, as a part of CID. In 1977, it became a separate specialized investigation branch of U.P. Police. As per a Government Order dated 30\/10\/2006, EOW conducts Investigation and Prosecution of cases of cheating, fraud and misappropriation of government money concerning all State government departments. Government can also entrust this agency with cases concerning private persons, depending upon the ramification of the economic offences committed. EOW is headed by an Additional DG assisted by other police officers.
\t That as per the RTI information provided by EOW on the website under section 4 of the RTI Act-“vkfFkZd vijk\/k vuqla\/kku laxBu esa eq[;r% rhu izdkj dk dk;Z lEikfnr fd;k tkrk gS ¼1½ vUos"k.k ¼2½ tkWp ¼3½ vfHklwpuk ladyu A bl laxBu esa mifujh{kd] fujh{kd rFkk iqfyl mik\/kh{kd Lrj ds vf\/kdkjh }kjk mijksDr dk;Z lEikfnr fd;k tkrk gS rFkk vij iqfyl v\/kh{kd @ iqfyl v\/kh{kd@ iqfyl mi egkfujh{kd rFkk iqfyl egkfujh{kd Lrj ls izR;sd izdj.k dk xgu i;Zos{k.k fd;k tkrk gSA rnksijkar bu tkWp @ vUos"k.k dk fu"d"kZ vij iqfyl egkfuns'kd }kjk vuqeksfnr gksus ds mijkar x`g foHkkx 'kklu @ iqfyl egkfuns'kd] m0iz0 dks izsf"kr fd;k tkrk gSA bZ0vks0MCyw0 esa fu;qDr lHkh foospd @ i;Zos{k.k vf\/kdkjh ewyr% iqfyl vf\/kdkjh gksus ds dkj.k os lh0vkj0ih0lh0 ls vU; vf\/kfu;eksa ls iznRr vf\/kdkj mUgs Hkh izkIr gSA “ EOW undertakes three kinds of works- investigation, enquiry and intelligence collection. The work is done by Sub Inspectors, Inspectors and Deputy SP and very close and detailed supervision is done at the level of Additional SP\/SP\/DIG and IG. Then the conclusion of the enquiry and investigation is approved by the ADG and sent to the Home Department or the DGP, UP. All investigating officers and the Supervisory officers in EOW are primarily police officers and hence they have all the powers under the CrPC.
\t That as stated earlier, the Anti-Corruption Organisation (ACO for short) was formally created vide U.P. Government Order No- 2049\/VII-1-64\/76 Grih(Police) Anubhag-1, dated 18\/04\/1977 to combat corruption etc. in Police Department and non Gazetted ranks of other Govt. departments. It takes up Enquiry and Investigation as regards corruption etc. The power of ACO extends to the collection of intelligence and laying of trap against the corrupt government servant on its own with regard to non Gazetted officers of police and others Govt. department. For Gazetted officers of all department previous, permissions of Government is required for laying traps. ACO is headed by an officer of the rank of ADG.
\t That as per the RTI information provided by ACO on the website of Uttar Pradesh Police website under section 4 of the RTI Act-“ bl laxBu esa fujh{kd rFkk iqfyl mik\/kh{kd Lrj ds vf\/kdkjh }kjk mijksDr dk;Z lEikfnr fd;k tkrk gS rFkk iqfyl v\/kh{kd@vij iqfyl v\/kh{kd@iqfyl miegkfujh{kd rFkk iqfyl egkfujh{kd Lrj ls izR;sd izdj.k dk xgu i;Zo{sk.k fd;k tkrk gS rnksijkar bu tkWp@foospuk@vfHklwpuk@VSªi dk fu"d"Z vij iqfyl egkfun'skd }kjk vuqeksfnr gksus ds mijkar x`g foHkkx 'kklu@iqfyl egkfuns'kd]m0i0z dks izsf"kr fd;k tkrk gS Hkz"Vkpkj uokj.k laxBu esa fu;qDr lHkh foospuk@i;Zo{sk.k vf\/kdkjh ewyr% iqfyl vf\/kdkjh gksus ds dkj.k os lh0vkj0ih0lh0 ls vU; vf\/kfu;eksa ls iznRr vf\/kdkj mUgs Hkh izkIr gS- blds vfrfjDr 'kklu }kjk le; le; ij tkjh funsZ'kkuqlkj dk;Z fd;k tkrk gS “The work is done by Inspectors and Deputy SP and very close and detailed supervision is done at the level of Additional SP\/SP\/DIG and IG. Then the conclusion of the enquiry and investigation is approved by the ADG and sent to the Home Department or the DGP, UP. All investigating officers and the Supervisory officers in ACO are primarily police officers and hence they have all the powers under the CrPC. In addition, work is done in accordance with guidelines issued by the State Government from time to time.”
\t That the RTI information says- “'kklukns'k }kjk @iqfyl egkfuns'kd }kjk vk[;k vuqeksnu ds mijkar gh tkWp @ foospuk lekIr eku fy;k tkrk gS- “ (The enquiry\/investigation is considered to be over after the approval of the enquiry report by the Government order or by the DGP.”
\t That the special Investigation Branch Cooperative (SIB, for short) as a part of CBCID was created in the year of 1971 vide Government Order No. Coop(kha) Deptt. No.3019\/12C-145\/16\/69 dated 29\/06\/1971 to investigate the cases of misappropriation & embezzlement of Government funds in cooperative Department. Later it was separated from CBCID. The supervisory and administrative control of this unit is vested in Additional DG (SIB- Cooperative).
\t That from all the above facts it emanates that while each of these investigation agencies have police officers working there who have all the powers of police officers as specified in the CrPC and the Police Act of 1861, they are all also completely controlled by the State Government through their respective Departments (Vigilance Department for Vigilance and Home Department for CBCID, EOW, ACO and SIB) which give the final approval to the enquiry and investigation conducted by these premier specialized agencies.
\t That thus while on paper these investigative agencies are completely professional police agencies where officers from the rank of Sub Inspector\/Inspector to the Additional DG\/DG are placed who work in accordance with the provisions of the CrPC and the Police Act in all these cases and additionally as per the Vigilance Act in the case of Vigilance Establishment, the reality remains that the ultimate and the final control in each of these cases lies with the concerned Government Department.
\t That this control of the State Government is made through the prevailing system adopted in each of these investigative agencies where the enquiry\/investigation is done generally at the level of the SI\/Inspector or at times by the Deputy SP and the supervision is done through supervision reports of the Additional SP\/SP\/DIG\/IG etc which is finally approved at the agency level by the Organizational head (of the rank of Additional DG or DG) but after this approval of the organizational head, the supervision report (known by various names as the DFR- Draft Final Report, LPR- Last Progress Report etc) this LPR\/DFR or the supervision report known by any other name is sent by the agency to the concerned Department for Departmental approval.
\t That any further action is done as regards the given case only when the concerned State Government Department has given its approval to the investigative agency’s supervision report.
\t That as long as the concerned Department does not give its clearance\/approval to the agency’s report, the matter remains pending as it is and no further act can be done.
\t That this often results in huge delay in investigation and enquiry
\t That it also results in seeping in and coming forth of extraneous and unwarranted pressures, factors and influences.
\t That it also brings a situation where the concerned State Government Department enjoys all the power and authority to influence any criminal investigation without having any accompanied accountability and responsibility. Thus, whatever good or bad happens in the investigation process is the responsibility of the concerned investigative agency but the State government Department enjoys all the rights to influence the investigation or the enquiry.
\t That here it also kindly needs to be noted that this power and authority presently enjoyed by the State government Departments is against the legal provisions provided in CrPC where the sole responsibility as regards investigations and criminal enquiries lies solely in the police officers
\t That thus there is a situation where extra-judicial and unlawful power and authority is being used by the State government Departments in the investigation processes without any legal backing and without any accompanied accountability.
\t That many of these issues were actually discussed by the Hon’ble Supreme Court in Vineet Narain & Others vs Union Of India & Another (Supra).
\t That the Hon’ble Supreme Court said-“This experience revealed to us the need for the insulation of these agencies from any extraneous influence to ensure the continuance of the good work they have commenced. It is this need which has impelled us to examine the structure of these agencies and to consider the necessary steps which would provide permanent insulation to the agencies against extraneous influences to enable them to discharge their duties in the manner required for proper implementation of the rule of law.”
\t That the Hon’ble Supreme Court said-“To eliminate any impression of bias and avoid erosion of credibility of the investigations being made by the C.B.I. and any reasonable impression of lack of farness and objectivity therein, it is directed that the C.B.I. would not take any instructions from report to, or furnish any particulars thereof to any authority personally interested in or likely to be affected by the outcome of the investigations into any accusation. This direction applies even in relation to any authority which exercises administrative control over the C.B.I. by virtue of the office he holds, without any exception.”
\t That the Hon’ble Supreme Court said-“It is sufficient to say that the Minister's general power to review the working of the agency and to give broad policy directions regarding the functioning of the agencies and to appraise the quality of the work of the Head of the agency and other officers to the executive head is in no way to be diluted. Similarly, the Minister's power to call for information generally regarding the cases being handled by the agencies is not to be taken away. However, all the powers of the Minister are subject to the condition that none of them would extend to permit the Minister to interfere with the course of investigation and prosecution in any individual case and in that respect the concerned officers are to be governed entirely by the mandate of law and the statutory duty cast upon them.”
\t That the Hon’ble Supreme Court said-“The agencies concerned must bear in mind and, if needed, be reminded of the caution administered by Lord Denning in this behalf in R. vs Metropolitan Police Commr., 1968 (1) All ER 763\/1968 (2) QB 118. Indicating the duty of the Commissioner of Police, Lord Denning stated thus : (All ER p.769) "I have no hesitation, however, in holding that, like every constable in the land, he should be, and is, independent of the executive. He is not subject to the orders of the Secretary of State. I hold it to be the duty of the Commissioner of Policy, as it is of every chief constable, to enforce the law of the land. He must take steps so to post his men that crimes may be detected; and that honest citizens may go about their affaires in peace. He must decide whether or not suspected persons are to be prosecuted; and, if need be, being the prosecution or see that it is brought; but in all these things he is not the servant of anyone, save of the law itself. No Minister of the Crown can tell him that he must, or must not, jeep observation on this place or that; or that he must, or must not prosecute this man or that one. Nor can any policy authority tell him so. The responsibility for law enforcement lies on him. He is answerable to the law and to the law alone."
\t That the Hon’ble Supreme Court said-“There can hardly be any doubt that the obligation of the police in our constitutional scheme is no less. According to the Code of Criminal Procedure, 1973 the formation of the opinion as to whether or not here is a case to place the accused for trial is that of the police officer making the investigation and the final step in the investigation is to be taken only by the police and by no other authority, see Abhinandan Jha v. Dinesh Mishra, 1967 (3)SCR 668.”
\t That the Hon’ble Supreme Court said-“ There can be no doubt that the overall administration of the said face, i.e. CBI vests in the Central Government, which also includes, by the virtue of Section 3, the power to specify the offences or class of offences which are to be investigated by it. The general superintendence over the functioning of the department and specification of the offences which are to be investigated by the agency is not the same as and would not include within it the control of the initiation and the actual process of investigation, i.e., direction. Once the CBI is empowered to investigate an offence generally by its specification under Section 3, the process of investigation, including its initiation, is to be governed by the statutory provision which provide for the initiation and manner of investigation the offence. This is not an area which can be included within the meaning of "superintendence" in section 4(1). It is, therefore, the notification made by the Central Government under Section 3 which confers and determines the jurisdiction of the CBI to investigate an offence; and once that jurisdiction is attracted by virtue of the notification under Section 3, the actual investigation is to be governed by the statutory provisions under the general law applicable to such investigation.”
\t That the Hon’ble Supreme Court said-“Once the Jurisdiction is conferred on the CBI to investigate an offence by virtue of notification under Section 3 of the Act, the powers of investigation are governed by the statuary provisions and they cannot be estopped or curtailed by any executive instruction issued under Section 3(1) thereof. This result follows from the fact that conferment of jurisdiction is under section 3 of the Act and exercise of powers of investigation is by virtue of the statuary provisions covering investigation offences. It is settled that statutory jurisdiction cannot be subject to execute control.”
\t That the Hon’ble Court once again reiterated the same thing in Writ Petition (Crl.) No(S). 120 of 2012 where in its order dated 08\/05\/2013 in the popularly known Coalgate scam it said-“In Vineet Narain, whilst acknowledging that overall control of the CBI and responsibility for its functioning has to be in the executive, this Court was of the view that in the matter of investigation, a scheme giving the needed insulation from extraneous influences of the controlling executive was imperative. This Court noted that though the Minister who has been given responsibility for the functioning of the CBI has general power to review its working and give broad policy directions and he has also power to call for information regarding progress of the cases being handled by the agency, but none of these powers would extend to permit the concerned Minister to interfere with the course of investigation and prosecution in any individual case.”
\t That what holds true for the CBI holds equally true for all the specialized investigative\/anti-corruption agencies of the State of Uttar Pradesh
\t That what this means is that while the general executive control of the Vigilance, CBCID, EOW, ACO, SIB etc does lie with the concerned Department of the State government, as per the provisions of the Criminal Procedure Code, the Police Act of 1861, the Vigilance Act (for Vigilance Establishment) and the Hon’ble Supreme Court order in Vineet Narain and Manohar lal Sharma (Coalgate scam) once an investigation or enquiry gets entrusted to any of these agencies, they become completely independent to undertake the enquiry\/investigation to its logical end in a completely legal and professional manner and to take all the statutory measures including making arrests, filing Charge Sheet or Final Report and\/or any other measures prescribed in Chapter XII of the CrPC or anywhere else in the interest of justice, without any extraneous influence, approval, sanction, permission or direction from the State Government or any other place.
\t That thus no minister or administrative authority have a right to interfere with the course of investigation and prosecution in any individual case and in that respect the concerned officers are to be governed entirely by the mandate of law and the statutory duty cast upon them, so that while the State Government does have complete power and authority as to whether to direct any investigation or enquiry to one of the above mentioned specialized investigative agencies or not but once the Jurisdiction is conferred on any such agency to investigate an offence by virtue of any Government order, the powers of investigation are governed by the statuary provisions and they cannot be estopped or curtailed by any executive instruction issued thereafter. This result follows from the fact that exercise of powers of investigation is by virtue of the statuary provisions covering investigation offences and-“It is settled that statutory jurisdiction cannot be subject to execute control.”
\t That the current state of blatant violation of these provisions of the statutory jurisdiction in criminal investigation are resulting in many ifs and buts, many raising of eyebrows, many different parameters being adopted at the level of the State government and many decisions taken by the State government without any statutory backing which often makes it be felt quite apparently that equality before law does not hold true for all and different people have the possibility of getting different treatments for almost same kind of criminal offences
\t That thus in the interest of justice, for the sake of equality, for raising people’s faith in the rule of law, for ensuring equality before law, for imbibing true professionalism in the investigative agencies and for ending the present violation of law where administrative and executive authorities are guiding and directing investigations without any locus and without any statutory backing, the two petitioners, in this matter of wide public importance and public concern, approach before this Hon’ble Court, being left with no other option than to approach it with this PIL to ask for certain prayers because of the reasons being stated among the Grounds as enumerated below.
\t That the petitioner’s photograph and Identity proof in the form of Passport has been enclosed along with.<\/p>\n
\tGROUNDS<\/p>\n
\t Because the criminal investigations are governed solely by statutory provisions, mostly provided in Chapter XII and elsewhere in the Code of Criminal Procedure
\t Because the CrPC gives the sole responsibility of criminal investigation to the police officers.
\t Because the CrPC nowhere mentions or assigns any role as regards criminal investigation to the executive or administrative authority
\t Because this issue was deliberated at great length by the Hon’ble Supreme Court in Vineet Narain (supra) where the Hon’ble Court made it amply clear that the Executive and the Ministry only have the power of general superintendence over the investigative agency nut the moment the investigation has been assigned to the investigative agency, it can be conducted solely as per the statutory provisions and the executive has no powers to guide and direct these investigations which are the sole prerogative and responsibility of the investigative agency
\t Because very recently the Hon’ble Supreme Court once again raised identical issues in Writ Petition (Crl.) No(S). 120 of 2012 (Coalgate scam)
\t Because it is settled law that-“ Once the Jurisdiction is conferred on the CBI to investigate an offence by virtue of notification under Section 3 of the Act, the powers of investigation are governed by the statuary provisions and they cannot be estopped or curtailed by any executive instruction issued under Section 3(1) thereof. This result follows from the fact that conferment of jurisdiction is under section 3 of the Act and exercise of powers of investigation is by virtue of the statuary provisions covering investigation offences. It is settled that statutory jurisdiction cannot be subject to execute control.”
\t Because any control of the State Government on the various investigative agencies of Uttar Pradesh are completely extra-judicial and without any legal backing
\t Because in UP, all the investigative agencies- Vigilance, CBCID, EOW, ACO and SIB and others, are presently working in contradiction to the statutory provisions
\t Because while the junior police officers of the investigative agencies undertake the investigations and the senior police officers of various ranks do the supervisory work at various levels, each of these investigative agencies submit their report for approval or sanction by the respective State Government Department and only after such approval\/sanction, any further action is taken
\t Because this arrangement in prevalence in UP are against the provisions of laws as regards criminal investigation
\t Because what holds true for investigations of cases registered under section 154(1), 154(3) or 156(3) of CrPC holds almost true for enquiries as well because except the FIR, rest of the process and procedure in both the cases is almost entirely the same<\/p>\n
\tPRAYER<\/p>\n
\tWherefore, it is most respectfully prayed that this Hon’ble Court may be pleased to-<\/p>\n
\t to kindly issue a writ of mandamus to the Respondents No 3(Uttar Pradesh Vigilance Establishment), 4 (Crime Branch, Criminal Investigation Department) , 5 (Economic Offences Wing), 6 (Anti Corruption Organization) and 7 (Special Investigation Branch, Cooperative), the various premier anti-corruption and specialized criminal investigating agencies of the State of Uttar Pradesh, directing them to ensure in future complete independence of investigations and criminal enquiries conducted by them solely as per the provisions of criminal law especially as provided under the Code of Criminal Procedure 1973, in the light of the order of the Hon’ble Supreme Court in Vineet Narain & Others vs Union Of India & Another (AIR 1998 SC 889, 1998CriLJ1208, (1998) 1SCC 226) and Writ Petition (Crl.) No(S). 120 of 2012 (Manohar lal Sharma vs Union of India) and others and thus not to submit their investigation and criminal enquiry reports before their respective administrative departments for perusal and approval of their investigations and enquiries as is being done presently.
\t to kindly issue a writ of mandamus to Vigilance Department and Home Department of the Uttar Pradesh Government (respondents No 1 and 2) directing them to immediately stop the current practice of calling the investigations and criminal enquiries of the above-mentioned investigative agencies for their perusal and approval and for issuing directions and instructions from time to time as regards the investigation and enquiry process as is being done presently and also to kindly summon before this Hon’ble Court all such orders\/directions\/government memorandums\/GOs passed by the Uttar Pradesh Government till date (including Notification No. 4294\/XXXIX (2)-33(10-3)-76 dated 03\/09\/1977 passed by the Vigilance Department- Annexure No 1) through which instructions have been issued by the State Government to these premier criminal and anti-corruption agencies to submit their investigations and criminal enquiries to the State Government for their perusal and final approval and to quash them as being against the provisions of law and as being against the interest of justice and wider public\/societal interest
\t to pass any other order or directions which this Hon’ble Court may deems fit and proper in the facts and circumstance of the present case.<\/p>\n
\t
\tLucknow Amitabh Thakur
\tDated- 13\/05\/2013 Petitioner in Person # 94155-34526<\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\tIn the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
\tWrit petition No- of 2013 (PIL-Civil)<\/p>\n
\tAmitabh Thakur and another Petitioners<\/p>\n
\tVersus<\/p>\n
\tUnion of India and others Respondents<\/p>\n
\tAFFIDAVIT<\/p>\n
\tI, Amitabh Thakur, aged about 45 years, s\/o Sri T N Thakur r\/o 5\/426, Viram Khand, Gomti Nagar, Lucknow, religion Hinduism, education- B Tech, profession- Government Service, the deponent, do hereby solemnly affirm and state on oath as under-<\/p>\n
\t That the deponent is petitioner No 1 in the above noted petition and as such he is fully conversant with the facts and circumstances of the case, deposed to hereunder. He has also been authorized by petitioner No 2 to depose before this Hon’ble Court.
\t That the contents of the paragraphs of the Writ petition are true to my personal knowledge, based on documents and records and believed to be true or are based on legal advice.
\t That the Annexure No 1 is the true copy of their original.<\/p>\n
\t <\/p>\n
\tPlace Lucknow (Amitabh Thakur)<\/p>\n
\tDate- \/05\/2013 Deponent<\/p>\n
\t <\/p>\n
\tVERIFICATION<\/p>\n
\tI, the deponent above named, do hereby verify that the contents of paragraphs 1 to 3 above this Affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed. So, help me God<\/p>\n
\t <\/p>\n
\tSigned and verified this the day of 2013 at Lucknow<\/p>\n
\tDeponent<\/p>\n
\tIdentification<\/p>\n
\tI identify the deponent, on the basis of records produced before me, who has signed before me.<\/p>\n
\tAdvocate<\/p>\n
\t <\/p>\n
\tSolemnly affirmed me on at am\/pm by the deponent Amitabh Thakur, who has been identified by Sri clerk to Sri , Advocate, high court, Lucknow Bench, Lucknow<\/p>\n
\tI have satisfied myself by examining the deponent that he understands the contents of this Affidavit which have been read over and explained to him by me<\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\t <\/p>\n
\tNo. 4294\/XXXIX (2)-33(10-3)-76<\/p>\n
\tDated Lucknow, September 3, 1977<\/p>\n
\tNotification<\/p>\n
\tIn exercise of the powers conferred by sub-section (2) and (3) of section 2 of the U.P. Vigilance Establishment Act 1965 (U.P. Act no Vii of 1965) and in partial modification of the previous orders on the subject the Governor is please to order that henceforth the members of the U.P. Vigilance Establishment shall not be required to obtained prior orders of the Government in the following cases, namely:<\/p>\n
\t(i) Where a complaint is made in writing in the Establishment that a non-gazetted government servant or other public servant of similar rank has demanded or agreed to accept any gratification (other than legal remuneration) as motive or reward, such as is mentioned in suction 161 of the Indian Panel Code for laying trap and apprehending red-handed such public servant:<\/p>\n
\tProvided that such action shall be taken only on the prior<\/p>\n
\torders:-<\/p>\n
\t(a) of the Director of Vigilance and in his absence of the Superintendent of Police (Headquarters), Vigilance Establishment when a complaint is received at the Headquarters of Establishment.<\/p>\n
\t(b) of the Superintendent of Police in charge of the sector office of the Vigilance Establishment, and in his absence of the officer holding charge of the sector, when the complaint is received in<\/p>\n
\tsector office.<\/p>\n
\t(ii) Where no such written complaint is made but a non-gazetted Government Servant or other Public Servant of similar rank is found, in the premises or precincts of the public office, place or<\/p>\n
\tvehicle where such public servant ordinarily discharges his functions or is for the time being detained for duty accepting any gratification (other than legal remuneration) as a motive or<\/p>\n
\treward such as mentioned in section 161 of the India Panel Code in the presence of an officer of the U.P. Vigilance Establishment not below the rank of Deputy Superintendent of Police, Vigilance Establishment, deputed for the purpose of detecting cases of this nature, for apprehending red-handed such public servant.<\/p>\n
\t2- The Governor is also pleased to order that the Vigilance Establishment shall submit to the Government in the Vigilance department reports of progress of investigation and on the completion of investigation it shall submit its detailed report embodying its conclusions and recommendations and copies of the proposed charge-sheet, if prosecution is recommended.<\/p>\n
\t3- This supersedes notification no, 2598\/XXXIX-(2)-33(10-3)-76 dated August 16,1976<\/p>\n
\tBy order,<\/p>\n
\tI.M.SAHAI,<\/p>\n
\tCommissioner and Secretary, Vigilance.<\/p>\n","protected":false},"excerpt":{"rendered":"
\t\u0906\u0908\u092a\u0940\u090f\u0938 \u0905\u0927\u093f\u0915\u093e\u0930\u0940 \u0905\u092e\u093f\u0924\u093e\u092d \u0920\u093e\u0915\u0941\u0930 \u0914\u0930 \u0938\u093e\u092e\u093e\u091c\u093f\u0915 \u0915\u093e\u0930\u094d\u092f\u0915\u0930\u094d\u0924\u093e \u0928\u0942\u0924\u0928 \u0926\u094d\u0935\u093e\u0930\u093e \u0909\u0924\u094d\u0924\u0930 \u092a\u094d\u0930\u0926\u0947\u0936 \u0915\u0947 \u0935\u093f\u092d\u093f\u0928\u094d\u0928 \u0905\u0928\u094d\u0935\u0947\u0937\u0923 \u090f\u091c\u0947\u0902\u0938\u093f\u092f\u094b\u0902 \u0915\u0940 \u091c\u093e\u0902\u091a \u092a\u094d\u0930\u0915\u094d\u0930\u093f\u092f\u093e \u092e\u0947\u0902 \u0938\u0930\u0915\u093e\u0930 \u0915\u0947 \u0928\u093f\u092f\u0902\u0924\u094d\u0930\u0923 \u0915\u094b \u0938\u092e\u093e\u092a\u094d\u0924 \u0915\u093f\u092f\u0947 \u091c\u093e\u0928\u0947 \u0938\u092e\u094d\u092c\u0902\u0927\u093f\u0924 \u092a\u0940\u0906\u0908\u090f\u0932 \u092e\u0947\u0902 \u0906\u091c \u0907\u0932\u093e\u0939\u093e\u092c\u093e\u0926 \u0939\u093e\u0908 \u0915\u094b\u0930\u094d\u091f, \u0932\u0916\u0928\u090a \u092c\u0947\u0902\u091a \u0928\u0947 \u0930\u093e\u091c\u094d\u092f \u0938\u0930\u0915\u093e\u0930 \u0938\u0947 \u0906\u0920 \u0938\u092a\u094d\u0924\u093e\u0939 \u092e\u0947\u0902 \u0905\u092a\u0928\u093e \u0935\u093f\u0938\u094d\u0924\u0943\u0924 \u092a\u094d\u0930\u0924\u093f\u0936\u092a\u0925 \u092a\u0924\u094d\u0930 \u0926\u093e\u092f\u0930 \u0915\u0930\u0928\u0947 \u0915\u094b \u0915\u0939\u093e \u0939\u0948.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-11366","post","type-post","status-publish","format-standard","hentry","category-article-comment"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/posts\/11366","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/comments?post=11366"}],"version-history":[{"count":0,"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/posts\/11366\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/media?parent=11366"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/categories?post=11366"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bhadas4media.com\/old1\/wp-json\/wp\/v2\/tags?post=11366"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}