- (1.) Challenge in the present appeal is to the order dated 7th March, 2011 passed by a Division Bench of the High Court of Judicature at Allahabad (Lucknow Bench). The operative part of the order reads as under : "In view of all the aforesaid and particularly for the reasons that the writ petition No.111 (H/C) of 2011 was filed on the instructions of Kishor Samrite (who has also sworn the affidavit in support of the writ petition) which contained wild allegations/insinuation against Shri Rahul Gandhi and questions the virtue and modesty of a young girl of 22 years Km. Kirti Singh, we dismiss this writ petition with a cost of Rs.50,00,000/- (Fifty lacs). Out of the cost amount, Rs.25,00,000/- (Twenty five lacs) shall be paid to Km. Kirti Singh and Rs.20,00,000/- (Twenty lacs) to Shri Rahul Gandhi, opposite part no.6. The cost amount shall be deposited within a period of one month with the Registrar of this Court, failing which the Registrar shall take necessary action for recovery of the amount as land revenue. We also record our special note of appreciation for Shri Karamveer Singh, Director General of police, U.P. (a highly decorated police officer), for producing the alleged detenues within the time frame as directed in the order. Thus, for all the promptness and sincerity shown, in themidst of serious law and order problems all over the State on account of some agitation in obeying and complying with the directions, we direct payment of Rs.5,00,000/- (five lacs) towards a reward to the DGP. We also record our appreciation for Shri Jyotindra Misra, learned Advocate General and the State Government for showing concern in this matter. We also direct the Director, Central Bureau of Investigation, to register case against Kishor Samrite, the websites referred to in Writ Petition No.111 (H/C) of 2011 and all other persons who are found involved in the plot, if any, hatched in order to frame up Shri Rahul Gandhi, Member of Parliament from Amethi. We also appreciate Shri Gajendra Pal singh, author of Writ Petition No.125(H/C) of 2011 for approaching this Court in order to save the reputation of Shri Rahul Gandhi and the family of alleged detenues at the hands of vested interests responsible for filing Writ Petition No.111 (H/C) of 2011. Till the investigation continues and the websites in question are not cleared by the CBI, their display in India shall remain banned. The Director, CBI, shall ensure compliance of this order forthwith. He shall also prepare a list of such other websites which are involved in display of scandalous informations about the functionaries holding high public offices and submit a report in respect thereof on the next date of hearing. Thus, writ petition No.125 (H/C) of 2011 is partly disposed of to the extent insofar as it relates to production of the alleged detenues. However, it shall remain pending in respect of notice issued to the Registrar General Allahabad High Court and for the submission of report by the CBI as directed hereinabove. The matter shall remain part heard. List the matter on 11.04.2011 for further hearing. The Registrar of this Court shall issue copy of this order to all the concerned parties including the Director, Central Bureau of Investigation, for immediate compliance."
(2.) Challenge to the above impugned order, inter alia, but primarily is on the following grounds : (i) The Court could not have called for the records of Writ Petition No.111 of 2011. Consequently it lacked inherent jurisdiction to deal with and decide the said writ petition. Furthermore, no order was passed by the competent authority, i.e., the Chief Justice of the High Court transferring that writ petition to the Bench dealing with Writ Petition No.125 of 2011. (ii) The Bench showed undue haste and has not dealt with Writ Petition No.125 of 2011 in accordance with the prescribed procedure. (iii) The order was passed without notice and grant of appropriate hearing to the present appellant. (iv) The orders for imposition of cost and registration of a case against the appellant by the CBI are uncalled for and in any case are unjust and disproportionate as per the known canons of law.
(3.) Stands on merits is that Writ Petition No.125 of 2011 was, in fact and in law, not a petition for habeas corpus and, thus, could not have been entertained and dealt with by a Division Bench of that Court. The said petition primarily related to transfer of a petition though in the garb of a prayer for production of the corpus. It did not satisfy the pre- requisites of a petition of habeas corpus.;