- (1.) WE have gone through the report carefully and perused the report of the Additional Chief Judicial Magistrate Shri Naresh Kumar Bahal who was entrusted with the enquiry under our order with regard to the involvement by the police in various cases at different police station of the petitioners Madhvendra alias Jashav and others. The report of the Addl. Chief Judicial Magistrate is categorical that different sets of the cases registered at police station Cantt. , Police Station Civil Lines and Police Station Utraon were false and fabricated. The involvement of the petitioners in these cases at these police station apparently is per se ingenious and malicious. He was involved in these case after the police of P. S. Civil Lines had to suffer serious humiliation for detaining unlawfully for a number of days his younger cousin brother in a Habeas Corpus petition. The report of the C. B. C. I. D. also established this fact beyond doubt. This conduct of the involved policemen including two inspectors not only malicious but also inspired by vendetta to make them learn a lesson for filing writ of Habeas Corpus causing their humiliation. The vendetta that had been wreaked by the policemen against a citizen thus not only shows depravity of mind but also exposes the frame of mind in which it is now operating. The fattened ego of theirs knows no bounds for reprisals. It shows that they are not only adept involving the citizen falsely in offences but also are intolerant to a citizen who ventures to expose their misdeeds. The present exercise is a blatant attempt by the guardians of law to not only blunt but also to silence all such efforts which may expose their unruly style of working. It also was done to give vent to their displeasure to the Court by adherence of such methods. What does it want to percolate down to the masses and the Courts can be gauged very easily. Do they perceive themselves above law? It is high time for the framers of law to cut to size the unfettered power of registration and investigation vested in them. Two methods are there habit to do this. (1) To segregate the investigation completely from the Police Stations, or (2) To put their power of investigation under Court control.
(2.) THIS imprints a black spot upon all the men in uniform, the entire force though the guardians of law they are called. THIS entire chain of events exposes them to just the reverse. It seems clearly that this force does not believe in adherence to law. Law apparently is a tantrum to them. Such acts of these officers tantamount to crime. No sympathy or any compassion can be there share. It is not a matter of history to be torn and forgotten. They do not spare even their own person is clear from a recent case that had reached the apex Court. Direction to D. G. P. Chief Secretary etc. to explain the conduct was issued. THIS clearly shows that the policemen of this State are adept in culling out false cases against innocent citizen shamelessly for retribution. We ourselves are not determining their guilt. It is common knowledge that a person victimised by police is subjected not only to individual harassment but also ignominy in the society. THIS kind of approach by the policemen and, complete silence of their superior officers is wholly inexplicable. It shows tacit connivance. The senior officers are under an obligation to see and check occurrences of such kind. It is their duty to examine case before they are sent up for trial. Whether their rank and file has not abused its power to register and investigate is clearly imposed by law on them. THIS is most required to those cases where a policeman himself is the informant. It is strange that as many as 9-10 false cases did not attract the attention of the S. S. P. and S. P. City of this district. THIS also shows that the senior officer too extend a long rope of their subordinates who man the police station to act or react whimsically throwing the law to winds. They did not bother to see as to how and why these persons are repeatedly involved in so many cases in a very short span of time. In the circumstances adverted to above as per the report C. B. C. I. D. has registered a case under various sections of the Indian Penal Code against some of the officers who were involved into nomination of the petitioners in fake and frivolous cases. In all these cases the final report were submitted by the C. B. C. I. D. We intend to monitor the investigation in this case against the men in uniform. Normally this Court is loathsome to undertake this exercise but the circumstances in the present case are so appalling and blood curdling that it require monitoring by us as a necessity to see that the justice is done to the petitioners as well as to the errant police officer also. We are not doing so under any displeasure or in vindication of any vindictivity. We intend to assess their conduct with an open mind just to contain the malice from gaining deeper roots in this force. The investigation therefore, is directed to proceed expeditiously by an officer in the rank of a Superintendent of Police, C. B. C. I. D. and not by any officer subordinate to him. Month to month report in the investigation be submitted to this Court in this petition by the said officer. The State Government is directed to allow the investigation to proceed most expeditiously. Any further delay is wholly uncalled for.
(3.) A copy of this order be also sent to the Chief Secretary, Principal Private Secretary to the Chief Minister and Principal Secretary, (Home), State of U. P. , Lucknow for their perusal and appropriate action towards investigation as spelled out by us above. The action against these officers shall be taken in accordance with the degree of their participation in the false involvement of the petitioner after assessing the said complicity by the concerned investigating officer. A copy of this order be provided to learned AGA within two weeks. .;