- (1.) HEARD learned Counsel for the petitioner and learned A. G. A.
(2.) IT is contended by learned Counsel for the petitioner that initially in the year 1995 on the basis of the same number of cases except a beat information registered in 2003 a notice under Section 3 of U. P. Control of Goondas Act was issued against the petitioner which was ultimately discharged by the District Magistrate after perusing the response of the petitioner filed against the said issuance of the notice. On the same number of cases again by an addition of only a beat information of 2003, a fresh notice has now been issued. The contention is that this nothing but pure and simple mala-fide exercise by the executive authority against this petitioner. This is done by way of victimization because the petitioner had opposed the realisation, for the birthday function of Ms. Mayawati, the Chief Minister, money from, different shop keepers and persons etc. by her party cadre. IT had proved to be too heavy for the petitioner. The rise in number of such cases of blatant abuse of powers conferred by law upon the executive and police personnel is phenomenal in this State for quite sometime. The law is shamelessly being abused by these officers to become the blue-eyed boys of men or women in power. The constitutional rights of the citizen are thus trampled by power drunk officers of the State. This Court cannot remain a silent spectator to such gross abuse of different laws by men in power any further. In view of these facts and circumstances we are of the opinion that the issuance of the present notice is nothing but mala-fide exercise of the authority and the District Magistrate. We also direct the executive authorities that the power conferred by this Act or by various similar acts should not be exercised in a capricious manner as is evident from the facts of the present case. Exercise of powers by the authority should be judicious and made use of in a manner which should not give rise to any occasion for grievance against them. This liberty of a citizen cannot be jeopardised in an unlawful manner. Any such exercise made by these officers shall be dealt with strictly by this Court. They shall be made liable to pay compensation to the sufferers from their own pockets in future if such occasions are brought to our notice. We issue a serious note of caution henceforth. We refrain from imposition of any cost for the present. We have not issued any notice to show cause to the errant officers because the facts of the case are not only appaling but also self speaking.
(3.) IN view of the above observation the petition is accordingly allowed and notice dated 16-6-2003 issued against the petitioner by the Respondent No. 2 is hereby quashed. .;