Imtiyaz Murtaza, J. - (1.) PRESENT matter has its genesis in the report dated 30th Nov 2010 scripted by the District Judge shortlisting the events leading to registration of FIR against the petitioner. The report of the Distt Judge is accompanied with various papers including the application of the Petitioner.
(2.) THE entire papers including application of the petitioner were placed before Hon. the Chief justice on which the Bench consisting of Hon. the Chief Justice and Hon. Vineet Saran, J. took suo motu notice vide order dated 1.12.2010 and directed the matter to be treated as Public Interest Litigation. THE learned Standing counsel was also directed to file counter affidavit in the matter and in the meanwhile criminal proceeding launched against the petitioner pursuant to FIR dated 16.11.2010 was stayed till further orders by this Court. In the said order, the District Magistrate and Supdt of Police Bijnor were also directed to file affidavit. On administrative side, it would appear, Hon. the Chief Justice passed the order dated 24.11.2010 for posting of the case before the Bench dealing with Criminal P.I.L. It is in this backdrop that the case has come up before us. We have heard Sri S.G Hasnain learned Additional Advocate General appearing for the District Magistrate and Supdt of Police and perused the materials on record.
(3.) FROM a scrutiny of the papers on record, the sequence of events are thus. On 16.11.2010, in an accident, two boys riding bicycle were hit by a speeding Tanker and were crushed to death under the wheels of the offending vehicle. According to the copy of the complaint addressed to Supdt of Police, Bijnor bearing thumb impression of one Sunil, father of the deceased boys, on the fateful day at about 5.30 pm, the offending Tanker bearing Registration No UP 12 C 0927, hit the deceased who were on bicycle, in front of Chaudhary Restaurant in village Bhaguwala and one of the boys died instantaneously while the other breathed last on way to hospital. It is further mentioned that the accident was witnessed by a number of people including Farman, Sukhveer, Bijendra, who noted down the registration number of tanker on the spot. It is further mentioned that after hitting the deceased, the tanker sped away from the place of occurrence. It is further mentioned that at about 10 pm the complainant accompanied with other village people reached the police station for lodging the report. It is further mentioned in the report that the complainant at that time was much distraught and taking advantage of his distraught condition, someone obtained his thumb impression on a typed paper misrepresenting to him that it was a memorandum for handing over the bodies of the deceased to him. Thereafter, it is further mentioned, he got busy in the performance of funeral rites of the deceased and in that connection, he went to Haridwar. On return from Haridwar on 18.11.2010, when he went to the police station he was apprised that FIR had already been lodged. It is further mentioned that he had not given any written report at that time and he was giving the report now with the request that the police station concerned be directed to register the case forthwith on the basis of this written report. The complainant's report dated 18.11.2010 addressed to the Dy. Supdt of Police Najibabad was scribed by one Pankaj Kumar son of Jai Pal resident of village Shadipur. To the similar effect is the affidavit sworn in by Sunil addressed to the Superintendent of Police. The Distt Judge has also enclosed a copy of news report in which referring to the statement of C.O. Jairaj Singh, it is reported that the offending tanker involved in the accident was intercepted and that the Driver of Tanker namely Goldee had confessed to the accident in which two boys lost their lives. The report submitted by the petitioner addressed to Registrar General of this Court mentions that in connection with a case in which the Distt Magistrate had showed disrespect to the Court, he had made a reference on 5.6.2010 to the High Court for initiating contempt proceeding against the Distt Magistrate. Citing second instance, it is mentioned that on 16.6.2010, one Hon Judge of Punjab and Haryana High Court had paid a visit to Najibabad and despite prior information, the District Administration Bijnor neither extended any protocol nor permitted the Supdt of Police Bijnor to make requisite arrangement for the visiting Judge. Disgruntled with the arrangement, a communication was sent to Chief Secretary U.P by the Punjab and Haryana High Court. The third instance cited by the petitioner is that on the above counts, the District Magistrate was annoyed so much so that he directed Supdt of Police to withdraw security personnel provided to the petitioner. Lastly it is submitted that the Distt Magistrate was on the look out for an opportunity to give befitting reply to the petitioner and in furtherance of his intention he was also conniving with local politicians and the accident in which FIR has been lodged against him, came as a handy tool to the Distt Magistrate who contrived and managed to lodge the FIR naming the petitioner with the active connivance of the local BSP politicians. The officer has also referred to the news report published in news paper Dainik Jagran which is to the effect that two adolescent boys were crushed under the wheels of a speeding Tanker near a curve of village Baghuwala and leaving a dozen people injured. The news report dated 17th Nov 2010 substantiates the report of the complainant that two persons riding the cycle were hit by the speeding tanker out of which one expired on the spot while the other succumbed to injuries on way to hospital. It is further mentioned in the news report that the police had intercepted the tanker. At 3 pm on 8.12.2010, when the case was again called out, the learned Additional Advocate General brought on record the affidavits sworn in by the District Magistrate Bijnor and Supdt. of Police in compliance with the order dated 1.12.2010. The District Magistrate also appeared in court in compliance of the order of the Court. The Additional Advocate General tried to defend the respondents and he repudiated any role of the District Magistrate in the matter. In his affidavit, the District Magistrate has denied the allegations that he had shown any disrespect to the Court and on this count he merely stated that he had replied to the show cause notice issued by the court at Najibabad. In connection with the allegation that requisite arrangement was not made on the visit of Hon. Alok Kumar Singh, Judge, Punjab and Haryana High Court, he stated that he had issued instructions to the Supdt of Police and also to the Sub Divisional Magistrate Najibabad. He further stated that upon being called upon to explain by the State Govt, he had called for explanation of the Sub Divisional Magistrate and the said Magistrate gave his explanation stating that Police Escort was provided which remained till the stay of his Lordship. He also enumerated other arrangements made in connection with the visit of Hon Judge as aforesaid. As regards withdrawal of security provided to the petitioner, it is stated that during Panchayat election, the security was withdrawn but it has been restored. He denied any role in the registration of the FIR. He merely stated that the FIR was lodged on the basis of report of one Sunil Kumar attended with the statement that he made a note that further action in the matter would be taken after appropriate permission from the District Judge. The deponent has also referred to the application and affidavit of one Babu in which he claimed himself to be one of the witnesses of occurrence. It is stated in the application that the petitioner was driving the Santro car and he hit the deceased as a result of which the deceased died on the spot. It would thus transpire that impliedly, the Distt Magistrate was propping up the case against the Judicial officer. It is also worth noticing at this stage that the aforesaid Babu claims himself to be an eye witness of the occurrence while the fact remains that in the application made by the complainant before the Supdt of Police, Babu has not been mentioned as one of the ocular witnesses. Even in the C.D prepared by Local TV Channel 200, mention of which shall be made in the later part of this order, no person of the name of Babu came forward and claimed to have witnessed the occurrence. The affidavit filed by the Supdt of Police is reiteration of what is stated in the affidavit filed by the District Magistrate Bijnor. Another evidence on record of great significance is the C.D. This C.D is a recording of a local channel namely, "T.V. 200". This channel, it would appear, has recorded the version of local people at the site of accident. It brooks no dispute that the accident took place in front of Chaudhary Restaurant. One Kuljeet Singh son of Preetam Singh who claimed to be the owner of the said Restaurant, was the first person interviewed by the aforesaid Channel. He gave version to the aforesaid electronic media to the effect that at the time of accident, he was sitting at cash counter. He heard a loud noise upon which he was attracted to the site from where the noise emanated. He saw that a Tanker had crushed two cycle borne boys. While aforesaid Kuljeet Singh was being interviewed, he was seen flanked by a sub inspector. He also stated that a car with blue light affixed at the top was also seen by him standing at the other side of the road from which Driver alighted and he came to the restaurant and after purchasing two water bottle, the car left for onward journey. The Sub Inspector was heard saying that the channel should not record his video and saying this, the Sub Inspector site-stepped. Another person whom the Channel interviewed is one Farman Ahmad. This witness stated that at the time of accident, he was standing nearby and he saw that a tanker which was coming from the opposite side hit the cycle born boys who came under the wheel of the tanker. He immediately made a call to a constable namely Ajeet Singh informing him about the accident. Thereafter, the channel showed the tanker standing bearing Registration No UP 12 C-0927. Complainant Sunil is also shown in the recording by the aforesaid T.V. Channel. He has reiterated his version as contained in the application referred to above which is to the effect that he was unlettered and after the accident, someone put forth before him a typed application misrepresenting that it was a memorandum for entrusting the bodies to him and he affixed his thumb impression without further asking about the contents of the typed letter. During interview, he prayed that the FIR be recorded afresh on the basis of the application which he has given. Be that as it may, the earlier Bench has already taken suo motu notice of the PIL. From the facts on record, it would transpire that the Santro car mentioned in the F I R which is stated to be involved in the accident has been disowned by the petitioner and it is stated that the said car is not even remotely connected with him and he had never used the said car for any purpose and he has also denied to have travelled in the car at all or to have been on the wheels of the said car at the time of accident. He has also denied to have known the owner of the car. From the news papers report, it is clearly indicated that it was tanker which was involved in the accident. The subsequent report of the complainant addressed to Superintendent of Police also substantiates the news report that it was tanker which was involved in the accident. The news report is also to the effect that Driver of the Tanker namely Goldee was taken into custody and he confessed to be driving the Tanker which hit the boys. It was also stated that the Tanker and the driver were taken into custody.;