SUNEET KUMAR,J. - (1.) The registry has raised an objection for deposition of Rs. 25,000/ - by Mr. Asok Pande before entertaining the petition to be filed by him, whereas, in the present case Mr. Pande has appeared as counsel, therefore, we are of the view that as and when he appears as counsel the observation of this Court in Writ Petition No. 8216 (M/B) of 2016 for deposition of cost of Rs. 25,000/ - shall have no bearing, in the result the objection is overruled and the writ petition is entertained. We have heard Mr. Asok Pande, learned counsel for the petitioner, Mrs. Bulbul Godiyal, Additional Solicitor General and Sri Jagdeep Singh Yadav, learned counsel for the opposite party no. 2.
(2.) The petitioner has sought the following reliefs: - "a) To issue a writ of certiorari thereby quashing the decision of the state government dated 7/06/2016 thereby appointing a retired judge of the Allahabad High Court namely Sri Imtiaz Murtaza to hold the enquiry into the Jawaharbagh incident in which two police officers and several common citizens has been murdered after summoning the same and to direct the government to appoint the commission headed by some judge well versed with the Hindu Dharma. b) To issue a writ of mandamus thereby directing the respondents concerned to register the first information report against the police officers for committing the murder of several persons and to entrust the investigation of the said case to the Central Bureau of Investigation. c) Issue any other order or direction as this Hon'ble Court may deem fit in the circumstances of the case." At this stage, the petitioner has sought permission to not press the relief no. (a). Permission is granted. Now the petitioner has pressed the writ petition only for the relief no. (b). The writ petition stands dismissed for the reasons to follow. The operative part of the order was passed in the open court, the reasons in support of the order was deferred for paucity of time which is being supplied. The petition in the nature of Public Interest Litigation (PIL) has been instituted by Sri Indra Pal Singh (I.P. Singh) son of Sri Surya Nath Singh. The credentials of the petitioner is detailed in paragraph 5, which reads as follows: "That the petitioner is a social activist and the spokes person of Bhartiya Janta Party, he was also the student leader and has held the office of general secretary of the Lucknow University students Union. He was also the chairman of Uttar Pradesh Labor Federation for some time. At present he is aggrieved by the massacre of the Satyagrahies and conversion of Jawaharbagh Park into Jaliawalabagh and so approaches the Hon'ble Court for the Central Bureau of Investigation enquiry."
(3.) Petitioner seeks a direction to the respondents to register a First Information Report against the police officers for committing murder of several persons and to entrust the investigation of the said case to the Central Bureau of Investigation (CBI). The subject matter of the petition pertains to an incident that occurred at Jawahar Bagh Park at Mathura purportedly on 2 June 2016. The occupants were evicted from the park by the District administration pursuant to an order passed by this Court in Vijay Pal Singh Tomar Versus State of U.P. and others1. The direction (dated 20 May 2015)is extracted: "Having regard to the statement of law laid down by this Court, we are of the view that the authorities of the State including the Principal Secretary (Home), District Magistrate, Mathura and Senior Superintendent of Police must take all necessary steps and precautions to ensure that a public park is not allowed to be encroached upon in this manner. The rule of law has to be preserved. Unless a strong message is sent out, it would only result in a situation where a violation of law is encouraged by permitting an encroachment on public spaces in violation of the law. Accordingly, we direct the respondents to inquire into the matter and take appropriate action in accordance with law expeditiously." ;