HC stays single judge bench order against mafia

Lucknow, Nov 16 (UNI) Lucknow Bench of Allahabad High Court today stayed the order of a single judge bench, which had stayed award of tenders and contract to mafias, besides funds allocated to them.

A division bench comprising Justices Jagdish Bhalla and Dharmaveer Sharma stayed the November 9, 2006 order of Justice Devi Prasad Singh of the High Court.

Justice Singh had ordered that till such time, the system of tenders and contract is free of mafia elements, the state principal secretary (finance) should not release any funds in this regard.

Uttar Pradesh government represented by advocate general S M A Kazmi had filed a special appeal challenging the single judge order saying once a petition had been disposed off, subsequent orders could not be passed on it.

Mr Kazmi also contended that a petition could not be treated as a PIL.

The government maintained that the passage of finance bill was the prerogative of the legislature and the same could not be interfered with.

However, he assured the court that necessary steps were being taken by authorities to rid the system of mafia.

On November 9, on a petition filed by Chandrika Prasad and Rampal, the single judge bench had passed the order against the mafia in the tender and contract process, which was challenged by the state government vide the special appeal.

UNI XC-VS YA VV2100