JUDGEMENT
Sudhir Agarwal, J. -
(1.) PURSUANT to the order dated 21.12.2010, Ms. Leena Jauhari, Secretary (Home), Government of U.P., Lucknow and Sri Karamveer Singh, Director General of Police, U.P. Lucknow are present.
(2.) SECRETARY (Home) has also filed an affidavit giving information on some of the aspect mentioned in the Court's order dated 02.12.2010. Sri S.G. Hasnain, learned Additional Advocate General stated that in respect to other aspect of the matter and for the stand of the Government, mentioned in para 29 of the judgment dated 02.12.2010, he want some further time. He stated that a draft bill suggested by U.P. Law Commission has been received by the Government and it is under hectic consideration by Law Department of Government. He also annexed a chart of criminal cases involving prosecution under Prevention of Damage to Public Property Act, 1984 for last 10 years. In most of the cases, trial is pending on account of non completion of the evidence of witnesses.
(3.) STATE Government, it appears, in compliance of this Court's order dated 02.12.2010 has also issued Government Order on 8th January, 2011 containing certain directions as well issued by this Court in its order dated 02.12.2010 and has also nominated Additional District Magistrate in all the Districts as competent authority to take action under Prevention of Damages to Public Property Act, 1984. He suggested that on account of delay in criminal prosecution pending in the Court these cases are not being decided expeditiously, therefore, preventive action is not much effective. He, however, states on the instructions that Government shall instruct the Prosecuting Officer to request concerned Court for expeditious disposal of cases involving 1984 Act, particularly, where people's representatives are involved. He seeks some further time to place on record some more details in the matter before this Court.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.