- (1.) PRESENT petition which has been docketed as Criminal Writ Petition (PIL) has been filed for various reliefs. The reliefs prayed for are enumerated below. (i) to establish independent full fledged prosecuting agency with all infrastructure and separate the said wing from the law and order wing of the police department, (ii) to increase sufficient number of sub inspectors with sufficient supporting staff and other amenities and appoint skilled, well known experts for conducting the investigation. (iii) to establish bomb disposal squad team, dog squad in each district of the State of UP and enhance the facility of close circuit camera in public places like railway stations, chauraha, hospitals all the public offices in the State of UP as well as train the police personnel of each police station of the State of U.P in computer science, photography etc. (iv) to establish laboratory in each district for the purpose of scientific evidence and provide a complete kit of scientific equipment to each police station of the Sate of UP. (v) to call suggestion from the State Human Rights Commission in respect of conducting investigation in scientific manner and also call a report from the State Human Right Commission regarding the steps taken by it in respect of investigation in scientific manner. (vi) Call for explanation and summon the record from the respondents regarding the steps taken by them pursuant to the judgment delivered by this Hon Court in case of Munna v State of UP and another reported in 2002 Cr L J page 4274 dated 15.7.1998 (Annexure nos 2 and 3) respectively to this writ petition. (viii) direct the respondent nos 3 and 4 as well as investigating officer to conduct an investigation in the scientific manner in respect of incident dated 13.1.2001 which took place in D'damas Showroom situated at Civil Lines Allahabad....."
(2.) FROM a glance through the averments made in the writ petition, it would transpire that the petitioner who claims himself to be a public spirited person, is seemingly rattled by the sudden spurt in criminal incidents in Allahabad district and other places in the State of U.P and in most of the sensational criminal incidents, the police is still groping in darkness. The incident cited as an instance is sensational loot with murder at a jewelery showroom in the civil Lines Allahabad on 13th Jan 2011. Besides the learned counsel for the petitioner, Sri D.R.Chaudhary learned Government Advocate was heard at length. Sri Sanjai Kumar Jaiswal appeared and accepted notice on behalf of Union of India. The learned counsel also displayed newspaper reports published in various newspapers including Dainik Jagran and Hindustan Times of date. At page 4 is the news report published in Hindustan Times which carries heading "Doctor suspended for being negligent during autopsy". The quintessence of the report is that the doctor conducting post mortem of a 17 year old girl in Chinhat in Lucknow exposed his negligence by citing cause of death as not known while carrying out the autopsy and the body of the girl had to be exhumed and post mortem had to be conducted all over again which confirmed that the girl had been subjected to rape before being murdered.
(3.) THE news report in Dainik Jagran carries in bold letters the news of simmering anger of the traders and public at large who blocked the road attended with a news of a sit-in Dharna having been started by the people. In the second page, the headlines carries "Dhadki Akrosh Ki Jwala". THE headlines further read " Katra Me Bypariyon Ne Kiya Chakkajaam, Jamkar Narebazi, Band Rahe Bazar". In further headlines, the newspapers sums up the recent incidents (1) 12th Jan, 2011 Diamond Trader Dhruv Agarwal murdered with robbery to the tune of Rs 5 crores, (2) 13th Sept 2010, Robbery to the tune of Rs one and half crore in the showroom of Prashant Agarwal, a Sarafa Trader in Kotwali Area, (3) Chetna Samla's murder case of the year 2010, (4) Clerk of a trader robbed of lakhs of ruppees in Phaphamau in the year 2009, Robbery in Sisodia Jewelleres situated in Katra 2001, Robbery to the tune of crores of rupees in the showroom of Rana Jewellers. THE report further mentions that this cultural city has been enveloped by sheets of terror where people are terrified on account of increased crime. THE report further reads that the city is shaken by more than half dozen murders over a period of one week alone and the fear stricken people are compelled to take to streets. The security to life and property of a citizen is the state subject and duty is cast on the state to protect the life and property of the citizen. By this reckoning, the State has a duty to hone up its existing official apparatus in order to stem the rot which has resulted in sudden spurt in the crime. The faith of people in the efficacy of State for its security is the bedrock of our democracy and the judiciary cannot be expected to wink at whatever has been happening on the assumption that it is the duty of the State to take proactive measures.;