- (1.) This order shall also dispose of connected Writ Petition No. 630 (MB) of 2011 (Kashi Prasad Yadav v. Registrar General and Ors.), as both these matters impugn the same cause of action namely, bifurcation of PIL matters as PIL (Civil) and PIL (Criminal) under the orders of Hon'ble Chief Justice of this Court dated 28.8.2010; and dated 31.8.2010, and listing of the same separately before two Benches.
(2.) Brief facts of the case leading to filing of these writ petitions are that Hon'ble Chief Justice passed the impugned two orders of bifurcating the PIL matters into PIL (Civil) and PIL (Criminal). According to the Petitioners, the aforesaid bifurcation under the orders of Hon'ble Chief Justice is without any authority of law and further that this exercise has been undertaken only for the Lucknow Bench of Allahabad High Court, and not for the Principal Seat at Allahabad. The Petitioners have inter alia alleged that the bifurcation orders have been passed to extend undue favor to the present Chief Minister Sushri Mayawati in respect of the pending three writ petitions namely, Writ Petition No. 2087 (MB) of 2009 (Smt. Anupama Singh v. Central Bureau of Investigation and Ors.), Writ Petition No. 2795 (MB) of 2009 (Mohd. Kateel Ahmad v. Union of India and Ors.), and Writ Petition No. 2019 (MB) of 2009 (Kamlesh Verma v. Union of India and Ors.) and also in pending other matters wherein, the arguments of both parties are almost near conclusion. The Petitioners have contended that the impugned bifurcation orders have been passed also to facilitate the transfer of the aforesaid three writ petitions from the Court generally hearing /assigned the jurisdiction of PIL matters to another Court.
(3.) As per averments made in writ petition [No. 1010[M/B] of 2008], the Hon'ble Supreme Court in IA Nos. 376 and 386 filed in Writ Petition (Civil) No. 13381 of 1984 (M.C. Mehta v. Union of India) on the allegation of bungling to the tune of 17 Crores in connection with beautification of Taj Mahal directed the Central Bureau of Investigation (For short 'the CBI') vide order dated 16.07.2003 to conduct an inquiry into the execution of Taj Heritage Corridor Project launched under the Taj Trapezium Zone Area at Agra, and in furtherance there of, the CBI registered preliminary inquiry No. PE 0062003 A 004. On 14.08.2003, it submitted a report before the Hon'ble Apex Court, and thereafter, the Hon'ble Court directed the Investigating Agency to verify the assets of the Officers/individuals connected with decision making process for the said project. The CBI, thus, submitted two reports on 11.09.2003 and 18.09.2003 before the Hon'ble Apex Court when, the Hon'ble Court directed the CBI to register an FIR against the Officers/individuals involved in the project and to further investigate, which led to registration of RC No. 006200380018 under Sections 120B, 42, 467, 468 and 473 I.P.C. read with Sections 13(2) and 13(1) and (d) of the Prevention of Corruption Act, 1988, against the accused persons including Sushri Mayawati and a member of her cabinet, Shri Naseemuddin Siddiqui, who were arrayed as parties in the writ petition.;