SC indicts Allahabad HC observations on law

New Delhi, June 25 (UNI) The Supreme Court has indicted Allahabad High Court for making general and sweeping observations regarding the law and order situation in Uttar Pradesh.

A bench comprising Justices Arijit Pasayat and P P Naolekar in their judgement dated June 21 observed ''This court has repeatedly held that observation which are really unnecessary for disposal of a case should not be made. A bare reading of the High Court's order shows that general and sweeping observations were made without indicating any basis there for.

When there was no allegation by anybody about any lapse in the investigation and in fact, the High Court's judgement does not indicate any infirmity in the investigation, there was no necessity for casting aspersion on bona fides of the police officials and making serious criticisms.

This appeal is disposed of directing deletion of the observation and criticisms made by the High Court vis a vis the government and its officials. They were really unnecessary.'' The state of UP had filed an appeal in the Supreme Court seeking to expunge the adverse remarks passed by the High Court in a criminal case. The High Court had said the police officials were not doing proper investigations in many cases as they were engaged for other unimportant work.

It was noted that many times grievance was made by senior police officials that the court is too lenient in granting bail to criminals.

The High Court, however, held the state government had failed to check the crime situation in the state and the state government was warned to take serious actions against criminals and to control the crime situations expeditiously.

It was stated that senior officials in the UP government were being repeatedly summoned to explain failure to comply with the orders of the High Court. Directions were given to recover a missing girl within a stipulated period and to submit periodic reports.

The remarks related to the alleged kidnapping of girl by respondent Surendra Kumar Solanki who was also booked under Section 3 (2) of the SC/ST (prevention of atrocities) Act 1989. The girl was later recovered and she is married since 2004. The trial is in progress and the next date is June 30 before the trial court.

UNI