- (1.) Heard Miss. Sandhya Goswami and Shri Hemant Kumar Mishra, learned counsel for the petitioner, Learned Advocate General for respondents no.1, 2 and 7, Shri Kapil Mishra for respondent no.3, Shri Vireshwar Nath for C.B.I (respondent no.5) and Shri Sharad Srivastava for Union of India (respondent No.4). This writ petition is filed by Smt. Rita Bahuguna Joshi, President of U.P. Congress Committee (hereinafter referred as petitioner). By this petition, the petitioner seeks writ of mandamus directing the transfer of investigation from C.B., C.I.D., Lucknow to the Central Bureau of Investigation, New Delhi (hereinafter referred as C.B.I.) in the matter relating to First Information Report dated 16.7.2009 registered at Police Station Husainganj, Lucknow in connection with rioting and arsoning at the petitioner's house being case Crime No.384 of 2009, under Sections 147/436/ 504 /506/ 427 IPC.
(2.) This petition was filed in the year 2009 which was tied up with another Bench of this Court but due to paucity of time that Bench could not decide this matter, therefore, a request was made on behalf of the petitioner for release of this matter but the Court directed the petitioner to move before the Chief Justice or the Senior Jude for nomination of another Bench. Thereafter an application was moved on behalf of the petitioner on 18.7.2011 and the Chief Justice vide order dated 20.7.2011 rejected the application. Thereafter the petitioner moved S.L.P. (Crl.) No. 7928/7929 of 2011 before the Hon'ble Apex Court, in which Hon'ble Apex Court vide order dated 8.11.2011 disposed of the S.L.P. with a request to the Hon'ble chief Justice to the High Court to explore possibility and posting the matter before an appropriate Bench for an early hearing. In compliance of the order of the Hon'ble Apex Court the matter was nominated to this Bench by order of the Chief Justice dated 7.12.2011. Thereafter the arguments of both the parties were heard on different dates. The arguments finally concluded on 29.2.2012 and the judgment was reserved.
(3.) In brief the facts giving rise to the present petition are as under:- On 15.7.2009 the petitioner addressed a public meeting in Majhola District Moradabad, where she criticized the government policy regarding the paltry sums of money given by the Director General of Police in various districts to S.C./S.T. rape's victim, and also criticized Susri Mayawati (respondent no.3), the then Chief Minister of State of U.P. for having given such minor compensation of S.C./S.T. Women . In this context she allegedly said - "throw that money on the face of Susri Mayawati and tell her that if ever she happens to be a victim of rape then we shall pay rupees one crore." This public meeting was addressed at about 3.00 p.m. and thereafter at 8.15 p.m. one police officer Shri Balbir Singh, Dy. S.P. Moradabad lodged a FIR at P.S. Majhola, District Moradabad, which was registered as case Crime No. 604/2009, under Sections 153/ 153-A/504/505(2)/509 IPC, under Section 3(I) (X)SC/ST Act and 7 Criminal Laws Amendment. Soon thereafter on the command of respondent no.3 the Chief Minister (as alleged) politicians/ MLA belonging to Bahujan Samaj Party along-with anti social elements, under protection of senior police officers committed rioting and arsoning at the petitioner's house situated in High Security Zone at Lucknow causing serious loss to the property of the petitioner. Three motor vehicles were also set at fire in this incident. Part of the house of the petitioner was also set at fire. A FIR was lodged at Police Station Husainganj, Lucknow on 16.7.2009 by Balram Singh, Officer Incharge, Police Station Husainganj, Lucknow. He got information that some miscreants are breaking open the house of the petitioner and also damaging the property. He immediately informed control room and fire service and reached the place of occurrence and arrested four persons from place of occurrence and on his return he registered the FIR. This incident took place at 11.45 p.m. Within one hour thereafter petitioner was arrested when she was traveling to Delhi and was taken back to Moradabad. Respondent no.3- Sushri Mayawati made a statement before the Electronic Media that she will not forgive the petitioner, she will not withdraw the First Information Report, even though regrets have been expressed and she will see that the petitioner is punished for crime. Soon after this incident one Mr. Subodh Srivastava, General Secretary of the U.P. Congress Committee gave a typed report of this occurrence to the police of Police Station Husainganj, Lucknow, it is alleged that no FIR on the said report was registered.;