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TMI Blog2016 (11) TMI 1606X X X X Extracts X X X X X X X X Extracts X X X X ..... ine) Rules, 2001 and license for model shop under U.P. Excise (Settlement of Licenses for Retail License for Model Shop of Foreign Liquor) Rules, 2003. One of the eligibility conditions for grant of license is that licensee and his family members must possess good moral character and have no criminal background. As the facts would uncertain, an FIR dated 6.2.2016 was lodged by the Respondent No. 1 which gave rise to Crime No. 0049 of 2016 Under Sections 419, 420, 467, 468, 471 Indian Penal Code at Police Station George Town, District Allahabad. It was alleged in the FIR that Vinod Kumar Tripathi and his wife Asha Tripathi, Respondent Nos. 2 and 3 respectively had committed fraud and forgery by opening bank account in the name of the Respondent No. 1 by affixing his photograph, submitting his ID and had withdrawn amount by forging his signature and deposited the security amount with District Excise Officer, Allahabad. The endeavour was to highlight that the said Respondents had the criminal antecedents. 4. A writ petition was filed Under Article 226 of the Constitution for issue of a writ, order or direction in the nature of mandamus commanding the competent authorities to take nec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. State of U.P. and Ors. reproduced few passages from it and thereafter stated thus: 13. Police force is meant for protection of people. It's sole aim and purpose is to maintain law and order by preventing crime and if committed, to find out and book guilty person so as to get them punished in accordance with law. There is no other agency in the State except Police who has this statutory as well as constitutional obligation for protection of people. But unfortunately, it is still living in colonial State of affairs when Police used to be deployed against public to crush their genuine rights and demands. Police, at that time, reflected glorified image of ruling Colonial State. It treated inhabitants of this country as slaves and that is why always tried not to allow them to raise their voice against Empire. For more than half a century, India has attained it's independence and now is governed by the Constitution, given by the people to itself so as to function, "for the people", "by the people", "of the people" principle but Police has not mend it's ways. 14. Today people are frightened more with police than criminals. There is virtually a lack of confidence with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and other requisite facilities for forensic investigation available at district level is not a luxury but in the present scenario, it is a necessity. 9. The High Court, as the impugned order reflects, proceeded to issue certain directions. They are reproduced below: In our view, time has come where State should be asked to show its real sincerity required in the field not only for effective registration of cognizable offences but also proper and well studied investigation and effective prosecution to ensure appropriate punishment to guilty persons. Since, even District level Officers, we find, are not competent enough to take appropriate steps in this regard and nothing can be done unless top authorities take steps, we direct Principal Secretary (Home), U.P., Lucknow and Director General of Police, U.P., Lucknow to consider over following aspects and submit their reply through personal affidavits, by 16th September, 2016: (i) Work of investigation of crime and prosecution be separated from normal policing or prevention of crime and other works, by constituting separate specialized cadre managed by officials well trained in respective fields. These officials be given due statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns etc. is being maintained. (The officers submitting report shall bear in mind that veracity of report, whatever is submitted, may got cross-checked by Court through Judicial Officers and, therefore, there should be no attempt to submit a casual and shallow report but it should be true and complete report in all respect.) In case affidavits, as above, are not filed by date mentioned above, the two Officers namely, Principal Secretary (Home), U.P., Lucknow and Director General of Police, U.P., Lucknow shall appear before this Court on next date. 10. On a perusal of the aforesaid directions, we have no trace of doubt in our mind that the High Court in a case of the present nature could not have issued such directions. In fact, as we perceive, some of the directions are in the field of exclusive domain of the Legislature. It is submitted by Mr. Ravi Prakash Mehrotra, learned Counsel for the Appellants that for giving effect to certain directions, provisions of the Indian Penal Code and the Code of Criminal Procedure are required to be amended. It is also urged by him that Union of India was not a party before the High Court and hence, directions could not have been thought of. He h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it ingeminated, refrain and restrain are the essential virtues in the arena of adjudication because they guard as sentinel so that virtuousness is constantly sustained. Not for nothing, centuries back Francis Bacon1 had to say thus: Judges ought to be more learned than witty, more reverend than plausible, and more advised than confident. Above all things, integrity is their portion and proper virtue. ... Let the Judges also remember that Solomon's throne was supported by lions on both sides: let them be lions, but yet lions under the throne. 15. In the said case, a passage from Frankfurter, J.2 was reproduced which we think it apt to quote: For the highest exercise of judicial duty is to subordinate one's private personal pulls and one's private views to the law of which we are all guardians--those impersonal convictions that make a society a civilised community, and not the victims of personal rule. 16. We have referred to the aforesaid authorities to sound a note of caution as sometimes one comes across certain orders where directions are issued which do not directly arise from the case. In the instant case, as we notice, the controversy was absolutely differe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avali Golf Club v. Chander Hass (2008) 1 SCC 683 and State of A.P. v. P. Laxmi Devi (2008) 4 SCC 720 restricts the power of the Court and does not permit the Court to ordinarily encroach into the legislative or executive domain. As observed by this Court in the above decisions, there is a broad separation of powers in the Constitution and it would not be proper for one organ of the State to encroach into the domain of another organ. 22. In State of U.P. v. Mahindra and Mahindra Ltd. (2011) 13 SCC 77, the Court observed: Within our Constitution, we have specifically demarcated the ambit of power and the boundaries of the three organs of the society by laying down the principles of separation of powers, which is being adhered to for carrying out democratic functioning of the country. So far as the legislation is concerned, the exclusive domain is with the legislature. Subordinate legislations are framed by the executive by exercising the delegated power conferred by the statute, which is the rule-making power. The judiciary has been vested with the power to interpret the aforesaid legislations and to give effect to them since the parameters of the jurisdiction of both the organs a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remain alert to the issues that emerge. It has a duty also to see that the investigations are speedily completed in an appropriate manner. If there is a failure of law and order situation, the executive is to be blamed. In the maintenance of law and order situation the judicial officers are not to be involved. But the executive has to remain absolutely alive to its duties and we are sure, the State Government shall look into the aspects and endeavour to see that appropriate steps are taken to maintain the law and order situation. 25. A few words by way of clarification. Though we have not appreciated the opinion expressed and the directions issued by the High Court as the opinions are general in nature and directions fall in the legislative domain and some of them are beyond the scope of the litigation, yet we have observed certain aspects in the preceding paragraph. Our observations made hereinabove are words of caution for the State and we are sure that the State shall remain alive to its obligations. 26. Resultantly, the appeal is allowed and the impugned order passed by the High Court is set aside. The High Court is requested to fix a fresh date and dispose of the writ petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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