9911796707
TMI Blog2016 (11) TMI 1606X X X X Extracts X X X X X X X X Extracts X X X X ..... of directions for constituting separate specialized cadre managed by officials or to require an affidavit to be filed whether sanctioned strength of police is adequate or not to maintain law and order or involvement of judicial officers or directions in the like manner. To say the least, some of the directions issued are not permissible and all of them are totally unrelated to the case before the High Court - the High Court should have been well advised to restrict the adjudicatory process that pertained to the controversy that was before it. A Judge should not perceive a situation in a generalised manner. He ought not to wear a pair of spectacles so that he can see what he intends to see. There has to be a set of facts to express an opinion and that too, within the parameters of law. Some of the directions are in the sphere of policy. A court cannot take steps for framing a policy. As is evincible, the directions issued by the High Court and the queries made by it related to various spheres which, we are constrained to think, the High Court should not have gone into. It had a very limited lis before it. Be it stated, the directions may definitely show some anxiety on the par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 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by opening bank account in the name of the Respondent No. 1 by affixing his photograph, submitting his ID and had withdrawn amount by forging his signature and deposited the security amount with District Excise Officer, Allahabad.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 necessary action against the opposite party Nos. 7 and 8 as they had violated various rules. 5. The High Court called for the case diary which showed that a final report had been submitted by the Investigating Officer on 23.04.2016 in the office of the Circle Officer, Colonelganj, Allahabad and observed that no attempt had been made by the investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her 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 this Uniformed Force. Judicial cognizance can be taken of several heinous crimes being committed almost daily and many a times with the nexus of politicians/criminals whereby common and innocent people are being made target. Criminality on the part of police is highly dangerous being a double edged weapon. When they commit crime, they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sked 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 16 th 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 status, designation and appropriate perks and facilities so that State may attract deserving, talented and meritorious persons, willing to work with all sincerity in respective wings. Both these wings be separately headed by independent officers of the level of Director General so that one wing may not get influenced by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 has also drawn our attention to certain State amendments. 11. Having noted the aforesaid submissions, it is necessary to state that it is expected that the High Courts while dealing with the lis are expected to focus on the process of adjudication and decide the matter. The concept, what is thought of or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re 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 different but the High Court has generalised it and issued the directions. 17. A Judge should not perceive a situation in a generalised manner. He ought not to wear a pair of spectacles so that he can see what he intends to see. There has to be a set of facts to express an opi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 are earmarked. Therefore, it is always appropriate for each of the organs to function within its domain. 23. Some of the directions, as we perceive, are in the sphere of policy. A court cannot take steps for framing a policy. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
