After HC directives, govt restrains cops from contacting parties, lawyers of pending cases directly
The development came when 90-year-old petitioner – Gauri Shankar Saroj of Jaunpur-- alleged that local police personnel had threatened him to withdraw his petition against alleged encroachment of Gram Sabha land. It was further alleged that the police had also raided his house in retaliation.
In the circular dated July 25, the state govt issued a comprehensive statewide guideline to prevent police interference in sub-judice (pending) matters.
These guidelines strictly prohibit police personnel from contacting petitioners, or their advocates concerned with pending matters without lawful authority and prior sanction from a competent officer or court.
Earlier, the high court had taken a serious note of the allegations made by the petitioner. Subsequently, on July 15, the state had sought 10-day time to formulate statewide directions on the issue.
During the course of hearing on July 28, the state govt informed the court that it has issued a comprehensive circular in this regard on July 25.
by Taboola
by Taboola
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Taking the personal affidavit filed by principal secretary (home), UP on record, Justice JJ Munir termed the guidelines as 'commendable'. However, the court also voiced concerns about their implementation.
"This court, not without reason, has apprehensions that the guidelines, like many others, would be forgotten in course of time. They would gather dust with the bureaus of district officials, where they are meant to be implemented," the court observed.
In this backdrop, the court also directed the additional chief standing counsel to consult state officials and then make suggestions about how to implement these guidelines.
The court in its order dated July 28 also took on record an affidavit by the superintendent of police, Jaunpur regarding disciplinary action against the officers allegedly involved in the intimidation of the petitioner and his lawyer. The court has directed to hear this matter on July 31.
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