JUDGEMENT
Imtiyaz Murtaza, Amar Saran -
(1.) -We have heard learned Government advocate Sri V. S. Misra, learned A.G.A. Sri A. K. Sand and Sri D. K. Singh, Joint Registrar (Inspection), High Court, Allahabad.
(2.) AN affidavit dated 2.4.2007 of the S.P., C.B.C.I.D., has been filed on behalf of the Director General, C.B.C.I.D., which mentions that in pursuance of the detailed order of this Court dated 31.8.2006, which, inter alia, directed that the investigations of the cases by the C.B.C.I.D., be concluded expeditiously, out of 22 cases which were shown pending at the time of submission of the Government advocate's chart, only in two cases the formalities of sanction etc. remain.
By another letter dated 2.3.2007, Sri Prakash Singh, retired D.G.P., was requested to submit the proposal of the expenditure of the Committee so that necessary finances may be provided to it after obtaining the necessary consent from the concerned department. In pursuance of the aforesaid letter, the State Government has received the proposal with regard to the expected expenditure of the Committee and the State Government has accorded sanction to the proposed budget to the Finance Department on 26.3.2007 and after necessary approval, the budget allocated shall be made available to the Committee. In pursuance of the order of this Court dated 1.2.2007, the errors as shown on the website has been amended. We are satisfied by these steps taken by the Stale Government, and hope that the funds requested for shall be made available at the earliest for effective functioning of the committee and other allied purposes.
So far in one case at Crime No. 295 of 1995, P.S. Colonelganj, Allahabad, charge-sheet has been submitted. In the other case at Crime No. 19 of 1997, P.S. Bhelupur, Varanasi, the charge-sheet was submitted by the C.B.I. and 6 accused persons, namely, Mukhtar Ansari, Jaswinder Singh and others were tried and acquitted by the Court of 12th A.D.J., Lucknow, by judgment dated 27.6.2000, against which an appeal has been preferred before the Lucknow Bench of this Court, which is pending. So far as three absconders of that case were concerned, they were arrested on 28.5.2001 by the Delhi police and remand was obtained by the C.B.I. on 17.6.2001 and a supplementary charge-sheet was filed against them and they were sentenced to 7 years' R.I. by the F.T.C. Court No. 5, Lucknow, by judgment dated 28.2.2004.
(3.) WE must applaud the commendable promptitude and energy with which the Committee constituted by us comprising Sri Prakash Singh and others has started functioning. The said Committee has already submitted four communications including one admirable report. It has also held wide consultations with various persons, N.G.Os., I.A.S. and other officers.
In one of its communications, the Committee has sought implementation of the Supreme Court's order in Prakash Singh v. Union of India, in the State of U. P. for insulating the police from extraneous influences and for giving it functional autonomy and ensuring its accountability, which was one of the points referred in our order constituting the Committee.;
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