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Karan Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5695 of 2006  RD-AH 11997 (16 July 2007)
(COURT NO. 44)
ORDERS ON THE ORDERSHEET
In re: In the matter of Public Representatives
(arising out of Crl. Misc. Writ Petition No. 5695 of 2006)
Hon'ble Imtiyaz Murtaza, J.
Hon'ble Amar Saran, J.
We have heard learned Government Advocate and learned A.G.A.
An affidavit dated 13.7.2007 of the Special Secretary, Home, Civil Secretariat, U.P. Lucknow, has been filed by the learned A.G.A. In the said affidavit, it is mentioned that in compliance with the directions of this Court dated 12.4.2007 and 16.5.2007, the list relating to the criminal cases pending against the public representatives before different courts in the State of Uttar Pradesh, complied by Sri D.K. Singh, Joint Registrar (Inspection), High Court, the same has been placed on the website of the Government www//upgov.nic.in under the heading of Misc. information.
So far as the other direction given by this Court seeking detailed information regarding withdrawal of the prosecution against elected public representatives, the necessary direction has been issued by the State Government to Law Department as well as Prosecution Department to submit the list as early as possible. We expect that the said list should be made available before this Court on the next date of listing.
So far as another direction given in our order dated 17.5.2007 directing the Government Advocate and the Election Commission to furnish a list of the newly elected public representatives, who have criminal antecedents on the lines suggested in our earlier orders. The said list has not been furnished and we expect that the same shall be furnished by the next date of listing.
A compliance report dated 13.7.2007 of the Registrar General has been filed at annexure X, which contains the up dated position in tabular forms received from different judgeships regarding status of the pending matters about which they are required to send progress reports every month. As Sri D.K. Singh, Joint Registrar (Inspection), who appeared before us, pleaded that as the said information has been put on the website, registry may not be required to file the said information on each date of listing as that would make the record unnecessarily bulky, we accede to this request. However, the registry must post the information on the website every two months and a hard copy of the same may be made available to the Court whenever directed. However, the District Judges must send their reports every month as directed earlier. It was also pointed out by Sri D.K. Singh, Joint Registrar (Inspection) that in 38 districts, the District Judges concerned have not sent copies of the judgements in cases relating to public representatives in spite of letters directing them to send the judgements of the cases. We deprecate their non-compliance with our directions. Let a reminder be sent to the District Judges concerned to send the said judgements, otherwise this Court will be constrained to take strict action against them. The second list at annexure Y contains the list of withdrawn cases as per report received from the District Courts. The District Judges concerned may be directed to send copies of the orders of the said withdrawn cases by the next date listing. Annexure Z, the 3rd Annexure contains the list of cases stayed by the order of the Hon'ble High Court. The registry must take steps for getting these cases, which are mainly Criminal Misc. Applications under Section 482 Cr. P. C., Criminal Revisions, Criminal Misc. Transfer Applications and Criminal Misc. Writ Petitions disposed of expeditiously and stay orders therein vacated, so that the criminal matters against the public representatives are not unnecessarily held up.
A report has also been submitted by Sri Prakash Singh, who is the member of the Committee, which is the 5th report especially on making the investigative procedure more scientific, transparent and objective and insulating the investigative process from political interference, which was point no. 5 of our order constituting the Committee. As it is pointed out Sri Bhoosreddy, one of the members had some reservations and his opinion is yet to be received, hence we may take up this report on the next date of listing. We also think it proper that the present Government Advocate Sri D.R. Chaudhary be inducted as the fifth member of the Committee, as this is the cause, which this Court considers utmost significance and we have reason to hope and believe that the present Government is also interested in rooting out criminality from the political process and will do its best to support this Court in its laudable endeavour. We also desire that payments for travel and other miscellaneous expenditure etc., should be made available to the Committee as and when it is required and it is a little unfortunate that there have been delays in making the same available to the Committee, which is working so hard in the matter and has been furnishing well considered reports advising the Government how to check criminalisation of the political process.
List this case for further hearing on 13.8.2007.
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