Pradeep Kant, J. - (1.) HEARD learned counsel for the parties.
(2.) BY means of this petition filed in the nature of Public Interest Litigation, the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the respondent no. 8 (Central Bureau of Investigation) to conduct an enquiry in respect of the death of Dr. Yogendra Singh Sachan under mysterious circumstances in the District Jail, Lucknow on 22.6.2011. The petitioner establishes his credentials to file this PIL in various paras of the writ petition, which we need not repeat, more so when the maintainability of the writ petition has not been questioned Before we proceed to decide the issue involved, we find it appropriate to put on record the brief facts of the case leading to the filing of the present writ petition, which are as follows: On 12.4.2005, it was resolved to launch the National Rural Health Mission (hereinafter referred to as NRHM) in order to uplift the standards of the basic medical facilities and to provide affordable and quality health services even to poorest citizen, who are residing in the remotest areas of the country. The stream was to adopt a synergistic approach by relating health to determinants of good health viz. segments of nutrition, sanitation, hygiene and safe drinking water. It also aimed at main streaming the Indian systems of medicines to facilitate health care. The plan of action included increasing public expenditure on health, reducing regional imbalance in health infrastructure, pooling resources, integration of organizational structures, optimization of health manpower, decentralization and district management of health programmes, community participation and ownership of assets, induction of management and financial personnel into district health system and operationalizing community health centres into functional hospitals meeting Indian public health standards in each block. The allegation is that in order to divert the public monies to their own reserves, the higher officials and functionaries of the State created a post of Chief Medical Officer (Family Welfare) specially for the NRHM. A huge annual budget of rupees three thousand crores was provided to the State Government by the Central Government for the NRHM and because of the alleged misappropriation and misutilisation of the aforesaid funds, two Chief Medical Officers (Family Welfare), namely, Dr. Vinod Kumar Arya and Dr. B.P.Singh, were murdered respectively on 27.10.2010 and 2.4.2011. In respect of the aforesaid incidents, two F.I.Rs were registered, one on 5.4.2011 at case crime no. 112/2011 under Sections 409, 419, 420, 467, 468 and 471 IPC and the other on 7.4.2011 at case crime no. 115/2011, under Sections 409, 419, 420, 407, 468 and 471 IPC at P.S. Wazirganj, Lucknow, wherein it has been categorically averred by the Joint Director Administration, Directorate of Family Welfare, U.P that financial embezzlement/financial irregularities have been committed by various officials of Family Welfare Department as well as Medical and Health Department at Lucknow.
(3.) IT is the further case of the petitioner that since the name of influential politicians belonging to the ruling party, which is presently in power in the State of U.P as well as certain high ranking officers, who are presently holding high offices in the State, were regularly appearing in the news reports wherein their roles were also being pointed out in the bungling relating to the funds of NRHM scheme, free and fair investigation by the U.P.Police was not possible in the matter, the petitioner preferred a writ petition bearing no. 3611 (M/B) of 2011 (PIL) with the prayer that the enquiry be directed to be conducted by an independent agency into the affairs of the department of health and family welfare, Government of U.P relating to the implementation of the NRHM scheme in the State of U.P since financial year 2007-08 onwards involving the bungling of funds and to ascertain the liabilities for the same. In the said writ petition, counter affidavit was asked for from the respondents, but till date no counter affidavit has been filed. The petitioner made out a case in the writ petition that because of the illegalities and improprieties being committed in NRHM programme, murders of two Chief Medical Officers, as stated above, had taken place and two ministers of the concerned department were made to resign. The writ petition makes specific averments about the involvement of high and mighty persons in the bungling of funds, which resulted into cold-blooded murders aforesaid. In pursuance of the two F.I.Rs registered at P.S.Wazirganj, as referred to above, few arrests were made and Dr. Yogendra Singh Sachan, the then Deputy Chief Medical Officer (Family Welfare), who was implicated in both the F.I.Rs, was arrested on 5.4.2011 as he was said to be involved in the financial bungling. Lately, the U.P.Police has come out with the story that both the aforesaid murders of Chief Medical Officers (Family Welfare), namely, Dr. V.K.Arya and Dr. B.P.Singh, were committed at the behest of Dr. Yogendra Singh Sachan and as such Dr. Yogendra Singh Sachan was made the main accused in the cases of murder of two Chief Medical Officers as well. The petitioner's plea is that this subsequent theory of involvement of Dr. Sachan in murders of two aforesaid Chief Medical Officers is a deliberate twist by the police so that the real culprits involved in the said murders be shielded and the whole guilt be placed on Dr. Sachan who is no more alive. The theory, according to the petitioner, is in contradiction to the earlier stand of the police where only financial irregularities were attributed to Dr. Sachan in the F.I.Rs. Lodged against him and in pursuance whereof he was arrested.;