- (1.) All these three writ petitions which are being heard together have been placed today for further hearing.
(2.) In Crl. Misc. Writ Petition No. 1911 of 2001 the prayer of the petitioner Atique Ahmad, who happens to be a Member of Legislative Assembly for the last 12 years continuously and claims to be popular equally between Hindus and Muslims belonging to Apna Dal, has come up with following prayers :- "(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing them to apprise the petitioner and to submit all the pending cases against the petitioner till date along with actual status report so that the petitioner may not be victim of the fabrication of the false cases in future. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing the Principal Home Secretary/Home Secretary Government of Uttar Pradesh and the Director General of Police, Uttar Pradesh, Lucknow to issue official order directing all the officers referred in paragraph 56 who are opposite parties in Criminal Misc. Application No. Nil of 1999, under Section 156(3) Code of Criminal Procedure moved before the Chief Judicial Magistrate, Allahabad. (iii) to issue a writ order or direction in the nature of Mandamus commanding the opposite parties directing them to ensure that the local administration specially the officials referred in paragraph 56 do not indulge any improper, illegal or false implication of the petitioner and his close members of the family and staff members in the fake case. (iv) to issue a writ order or direction in the nature of Mandamus commanding the opposite parties directing them not to indulge in any act of harassment of the petitioner and his family members by resorting to illegal and unlawful attachment of the properties of the petitioner and to ensure proper safety and security to the petitioner and his family members. (v) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing them not to violate the principles of Aricles 14, 19 and 21 of the Constitution of India as held by Hon'ble Supreme Court in innumerable decisions of the recent past." 2.1 Criminal Misc. Writ Petition No. 2391 of 2001 has been filed by the same petitioner Atique Ahmad for grant of following reliefs :- (i) to issue a writ, order or direction in the nature of Certiorari quashing the First Information Report dated 9-4-2001 in case Crime No. 27 of 2001 under Ss. 147, 148, 149, 352, 386, 504, 506, 323, 365, IPC. and Section 7 Criminal Law Amendment Act and 2/3 Uttar Pradesh Gangster and Prevention of Anti Social Activities Act and S. 3(1) of SC/ST Act, Police Station Shahganj, Allahabad, contained in Annexure No. 13 to the writ petition. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing the respondent Nos. 1 and 2 to appoint some judicial inquiry to inquire into the allegations of mala fide against the Police officials referred in this writ petition. (iii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing them not to proceed in pursuance to the impugned First Information Report dated 9-4-2001 in any manner whatsoever in view of the clear fabrication of the same with ulterior and mala fide intention. (iv) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties directing them not to arrest the petitioner Nos. 1 and 2 in pursuance of the impugned First Information Report dated 9-4-2001 in case Crime No. 27 of 2001 under Ss. 147, 148, 149, 352, 386, 504, 506, 323, 365, IPC and Section 7 Criminal Law Amendment Act and 2/3 Uttar Pradesh Gangster and Prevention of Anti Social Activities Act and 3(1) SC/ST Act, Police Station Shahganj, Allahabad. (v) to issue a writ, order or direction in the nature of Mandamus actions/proceedings as well as the arrest of the petitioner Nos. 1 and 2 in pursuance to the First Information Report dated 9-4-2001 in case Crime No. 27 of 2001 under Ss. 147, 148, 149, 352, 386, 504, 506, 323, 365, IPC and Section 7 Criminal Law Amendment Act and 2/3 Uttar Pradesh Gangster and Prevention of Anti Social Activities Act and 3(1) SC/ST Act, Police Station Shahganj, Allahabad may kindly be stayed." 2.2 In Criminal Misc. Writ Petition No. 2373 of 2001 the prayer of the petitioner Haji Parvez Ahmad, who belongs to the Apna Dal is (i) to quash the First Information Report dated 9-4-2001 relating to crime case No. 27 of 2001 under Sections 147, 148, 149, 352, 386, 504, 506, 323, 365 IPC Section 7 Criminal Law Amendment Act, Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 and Section 3(1)-X SC/ST Act, Police Station Shahganj, District Allahabad. He claims, inter alia, to be a Mandal Adyaksha of Allahabad Mandal of Apna Dal, a political party duly recognised by the Election Commission (ii) to issue a suitable writ or writs, order or direction including a writ in the nature of Mandamus commanding the respondents not to arrest and prosecute the petitioner in pursuance of the aforesaid FIR dated 9-4-2001 relating to Crime No. 27/2001. Under Ss. 147, 148, 149, 352, 386, 504, 506, 423, 365, IPC S. 7 Criminal Law Amendment Act, S. 2/3 the Uttar Pradesh Gangsters and Anti social Activities (Prevention) Act, 1986 and Section 3(1) of SC/ST Act of Police Station Shahganj, District Allahabad (iii) to issue a suitable writ or writs, order or direction including a writ in the nature of Mandamus commanding the respondents not to attach the property of the petitioner under Section 14 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 in pursuance of the FIR dated 9-4-2001 relating to Crime No. 27/2001 under Sections 147, 148, 149, 352, 386, 504, 506, 323, 365, IPC Section 7 Criminal Law Amendment Act, Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 and Section 3(1)-X SC/ST Act of Police Station Shahganj, District Allahabad.
(3.) On 20-7-2001 when we had proceeded to hear Sri Siddharth Shankar Ray, learned Senior Counsel appearing on behalf of the prayers made in Civil Misc. Writ Petition No. 1911 of 2001 and Criminal Misc. Writ Petition No. 2391 of 2001 to some extent the learned Government Advocates Sri Mahendra Pratap as well as Sri Tripathi, appearing on behalf of the respondents raised a preliminary objection to our hearing challenging the very maintainability of these writ petitions.;