FAZALUR REHMAN Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1998-10-36
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on October 14,1998

FAZALUR REHMAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Through these writ petitions filed in 1984, attention of this Court was drawn to various aspects arising out of the communal riots which took place in Meerut between 6-9-1982 and 20-10-1982. There was loss of life and property. It appears that the Govt. of Uttar Pradesh appointed an Enquiry Commission, headed by Justice C.D. Parekh of the Allahabad High Court on 21-1-1983. We are informed that the Report was submitted by Justice Parekh Commission on 15-11-1988. Rule Nisi was issued by this Court on 17-4-1984. 14 years have gone by and the case remains still at the preliminary stages. After the issuance of rule-nisi, an affidavit was filed by Shri Vijay Sharma, District Magistrate. On 24-1-1996, the following order came to be made by this Court: "Learned counsel for the respondent - State of U.P. submits that the report of the Enquiry Commission headed by Justice C.D. Parekh of the Allahabad High Court has been submitted and according to the additional counter-affidavit (at pages 90A-92 of the paper-book) of Shri Vijay Sharma, District Magistrate, that report has been acted upon. It does appear to us that at this stage the scope of the writ petition may have to be confined to this extent only. We consider it appropriate to peruse the report of Justice C.D. Parekh in the light of the additional affidavit of the District Magistrate. The report and the other material documents be produced before us on the next date and in the meantime an affidavit containing the details of the entire action taken by the Government pursuant to that report be also filed. List the matter on 12-3-1996."
(2.) In spite of the clear directions given to the State of U.P. to file an affidavit of a responsible officer containing the details of the entire action taken by the Government pursuant to that Report, the needful was not done. On 11-7-1996, an additional affidavit was filed by Shri Deepak Singhal, District Magistrate, Meerut. Para 3(b) of the affidavit reads thus: "It is respectfully stated that the details containing the entire actions taken by the State Government in relation to the respect (report) of Justice C.D. Parekh, Commission of Enquiry shall be presented before this Hon'ble Court by a separate affidavit by Government of U.P."
(3.) The affidavit containing the details of the action taken by the State Government in relation to the action to be taken on Justice C.D. Parekh Commission of Enquiry were, however, not filed. The case was adjourned from time to time when on 12-2-1998, the State was once again directed by this Court to file an affidavit. The order dated 12-2-1998 reads thus: "Let a responsible officer of the State of Uttar Pradesh file an affidavit as to the follow up action initiated on the basis of Justice Parekh's report and that what is the latest position in respect thereto, List in the first half of April, 1998.";


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