Mohammad Qasim vs State Of U.P. And Others
2014 Latest Caselaw 7873 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. - 1797 of 2011
 

 
Petitioner :- Mohammad Qasim
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- Mukhtar Alam,Ashfaq Husain,Tahir Husain,V.P. Mathur
 
Counsel for Respondent :- Govt. Advocate,S.K.Jaiswal,Z.N.Asgi
 

 
Hon'ble Amar Saran,J.

Hon'ble Vipin Sinha,J.

We have heard Sri Mukhtar Alam, and Sri V.P. Mathur, learned Amicus Curiae, and Sri Vimlendu Tripathi, learned AGA, and the G.A. in this matter. 

Dr. S.B. Upadhyay, Director Forensic Science Laboratory, Lucknow, Dr. Y.K. Pathak, State Medico-Legal Expert (Medical Department), Sri Mahesh Chandra Srivastava, Nirman Swasthya Bhawan, Lucknow, Sri Shivaji, Under Secretary, Police Recruitment Board, Lucknow, Sri Amitabh Yash, I.G. Crime, Sri Atul Kumar, Deputy Secretary, Home and Sri A.K. Pandey, S.P. (Crime), Allahabad are present in Court today.

Five affidavits on behalf of the Home Department dated 30.10.2014, the D.G.P., U.P. dated 11.10.2014, Medical and Health Department dated 30.10.2014, U.P. Promotion Recruitment and Promotion Board, Lucknow dated 13.10.2014 and Crime Branch, Allahabad dated 13.10.2014 have been filed by the learned A.G.A.

A circular dated 17.10.2014 issued by the D.G.P., U.P. along with an accompanying letter for the Government Advocate dated 29.10.2014 containing directions relating to the directions dated 28.8.14 issued in Capital Case No. 574/2013, Akhtar v. State of U.P., for improving investigations in murders, rapes and grave cases against females addressed to the D.G. Railway, U.P., A.D.G. C.B.C.I.D., U.P., A.D.G. Technical Services, U.P. Lucknow, A.D.G. Prosecution, U.P., Lucknow, all Zonal Police I.Gs., U.P. Director, Forensic Science Laboratory, U.P., Lucknow, Director Medical and Health Services Lucknow and all Regional D.I.G.'s U.P., have been placed before us, which are also taken on record.

The responses with regard to the earlier orders dated 28.7.2013 and 13.10.2014 have been given under the following heads:-

Strengthening of Crime Branch established in districts and effective communication with the police department for this purpose:

For the strengthening of Crime Branches in 14 districts, in the first phase an amount of Rs. 1651.67 lakhs has been sanctioned for the year 2014-15. The total estimated expenditure for this purpose, both recurring and non recurring, has been placed a Rs.2,09,03,39,776/-  Another proposal dated 4.10.2014 for the second phase relating to 48 districts has been submitted by the Additional Director General of Police, U.P., Lucknow to the Government of U.P., which is under consideration.

On the next date, we would like to obtain a progress report regarding the time frame, and manner by which the sanctioned amount is to be uilized and the consideration of the proposal for the second phase relating to 48 districts.

Filling up the posts of Sub Inspectors (civil police) through promotions and through direct recruitment:

It is pointed out that so far as filling up of the posts of Sub Inspectors through promotions, a seniority list of Constables and Head Constables is under preparation by the Police Headquarters, on the basis of which selections would take place.

For filling up of posts of Sub Inspectors, Civil Police through direct recruitment by the U.P. Police Recruitment Promotion Board, a time schedule has been submitted before the Home Department, by the Board's letter dated 15.10.2014 and it is expected that the process of selection of Sub Inspectors will be completed by the month of January, 2015. As this matter has been unduly delayed already, because of which the Supreme Court's and this Court's directions for improving investigations and for separating the law and order/ VIP duty work from investigation work has been held up, we hope that the commitments now made would be honoured, and we like a progress report on the extent to which, this commitment is being observed on the next listing.

Budgetary proposals for Improvement and modernization of the police force and for setting up Forensic Science Laboratories at Lucknow, Agra and Varanasi as well as the position of establishing new D.N.A. units

And

Compliance of the directions issued by this Hon'ble Court in judgment and order dated 28.08.2014 passed in Capital Case No. 547 of 2013 (Akhtar Vs. State of U.P.).

The A.D.G., U.P. Headquarters has sent a proposal dated 28.8.14 for modernization of the Police Force to the Principal Secretary, U.P. Secretariat, Lucknow.We are also pleased to note that in compliance of the order of the directions in Capital Case No. 574 of 2013 passed by this Court on 28.8.2014, an amended proposal, for allocation of a budgetary provision of about Rs. one thousand lakhs for establishing/ upgrading the Laboratory in Lucknow for carrying out Mitochondrial DNA analysis has been forwarded. As directions for establishing more DNA Units were issued, in other orders by this High Court also, hence in compliance thereof, scientific staffs of Field Units/U.P. Laboratories are to be provided three months training in several batches from 1.11.2014.

The progress report in respect of these recommendations/directions be submitted on the next listing.

Specifically in compliance of the order in Capital Case No. 574 of 2013, the Director General (Medical and Health), Uttar Pradesh has issued instructions by the letter dated 20.6.2014 for not carrying out vaginal finger insertion tests in female orifices because of their dehumanizing nature of the already traumatized victim, without the victim's consent. In this connection, the Director, Forensic Science Laboratory, U.P. has also sent a letter to the D.G.P., U.P. Lucknow  dated 20.6.2014 for issuing the necessary Orders.

We would like to have a fresh report on the steps, being taken for carrying out the directions in the DG (Medical and Health's) and the Director (FSLs') letters dated 20.6.14 on the next listing.

As after banning of finger tests on the victim, culposcopes and other necessary equipment for carrying out the needed tests which may cost Rs. 8 to 12 lacs apiece, are needed, we would like a response of the respondents on the necessary steps being taken in this regard on the next listing.

Also directions have been issued to the Forensic Science Laboratories at Lucknow, Agra and Varanasi for weeding out the material/ reports in more than 25 year old matters and 10-25 year old matters, (other than the test materials and reports, which are necessary for Court procedures) by the Office order dated 18.9.2014. However materials and reports relating to less than 10 year old matters are to be preserved.  

New Sections for Toxicology and Ballistics are being set up in the Forensic Science Laboratory, Ram Nagar, Varanasi, for which requisite staff is being arranged.

In compliance of the High Court directions to ensure adequate availability of man power and for filling up the vacant posts on a regular as well as contractual basis, A.D.G.P., Technical Services, U.P. has been directed by the G.O. dated May 22, 2014 to fill up 181 vacant posts of various cadres on contract basis from retired personnel having necessary qualifications and experience in the concerned fields.  However, as we feel that this can offer only a temporary solution and for new areas such as D.N.A. or cyber crimes, regarding which retired hands are not likely to be informed, it is essential that suitable fresh recruitments are also made for these purposes.

We would therefore like to have a compliance report on the process of assimilation of retired personnel and for new recruitments as abovementioned, on the next listing.

For collection of evidences/samples at the scene of crime in a scientific manner, eight Mobile Forensic Vehicles have been provided for each Police Zone in the State of U.P. and efforts are being made for providing instruments/kits for these eight Mobile Forensic Vehicles. Also Forensic Science field Units are being provided for each district, which could reach the scene of the crime in cases of blind murders and other offences, where forensic investigation is essential. We would like a further status report on the aforesaid aspects on the next listing from the departments concerned.

Steps, which are required to be taken for establishing new Forensic Science Laboratories in Moradabad, Gorakhpur, Ghaziabad (Modi Nagar), Allahabad, Jhansi and Kanpur:

It is pointed out in some of the districts lands have been made available.

We would like further progress report and also as to the funds which have been ear marked for this purpose and the period by which the new Forensic Science Laboratories in the aforesaid six districts are likely to be established.

Effective Use of scientific methods for qualitative improvement in investigations of henious offences AND implementation of amended provisions of Cr. P. C. relating to crimes against women AND implementation of government orders/circulars issued by the Home Department/office of D.G.P., U.P. to the subordinate police officers:

In this connection Formats "A and B" (Annexures No. 2 and 3) to the D.G.P., U.P.'s affidavit, which relates to the total number and percentage of cases for the period 01.01.2014 to 15.9.2014 relating to crimes against women and other heinous crimes (under Section 302 read with 376, section 396, section 376, section 304-part II, Section 304-B, Section 364-A and Section 307 of I.P.C.) and also progress reports regarding the total number and percentage of cases for the same period relating to the over-all crime figures (under Section 302, section 396, section 304-part II, section 364 and section 307 of I.P.C.) have been received and also with regard to the implementation of amended provisions of Cr. P. C. and early registrations of F.I.Rs. in the concerned cases especially those relating to crimes against women. With regard to the effective use of scientific methods in investigations in crimes relating to murder, dacoity, robbery, burglary of more than Rs. 5 lacs fortnightly reports have been received by the DGP's office. We are pleased by this development as it reflects an intention for concrete implemention of directions for application of modern scientific forensic techniques at the ground level, which go beyond mere issuance of circulars and G.Os. by the D.G.P or Home or other departments.

On the next listing we would like a futher progress report on these directions as well as a progress report on the same lines as above on the specific directions issued by the DGP, by the latest circular dated 17.10.2014 issued pursuant to the directions of this Court dated 28.8.14 pertaining to crimes against women in Capital Case No. 574/2013, Akhtar v. State of U.P.

Furnishing details of successful investigations adopting modernized scientific methods:

Annexure No. 6 details 28 investigations, where scientific investigations using mobile surveillance techniques and collecting materials from the victim girls, viz. vaginal swab or from the males and sending them for D.N.A. comparison and utilization of videography and also utilization of yellow tape, and the districts where such investigations are carried out which are needed for unearthing blind heinous crimes and crimes against women and for ensuring that even where witnesses are won over, there is forensic evidence available for nabbing and punishing the accused.

We would like a response from the DGP, as to how utilization of modern scientific practices are being adopted in many more such cases (as utilization of scientific investigations in 28 cases is an inadequate figure) for successful conduct of investigations and for punishment of the culprits.

Details of investigating officers, who have been imparted training by master trainers for adopting modernized scientific methods:

Annexure No. 7 of the D.G.P. affidavit's names the such Investigating Officers. We are hopeful that training imparted by them would assist in solving difficult cases, and the exercise of imparting training to raw investigating officers by such successful investigating officers as master trainers will continue.

Position regarding three remaining criminal cases pertaining to Allahabad district.

Although it is pointed out that a breakthrough has been made in arresting some culprits for working out the sensational case relating to Case Crime No. 556 of 2011, under sections 304/302/307 IPC and section 7 of Criminal Law Amendment Act, Police Station Colonelganj, relating to loot of Rs.44 lacs, which is being specifically monitored by this Court. But we are still awaiting a similar positive report regarding two other criminal cases relating to D-Dmas Jwellery Show Room in Civil Lines relating to the case under section 396 I.P.C. and A.T.M. Machine robbery case at Georgetown and we hope to receive some more positive feed back on these matters on the next listing.

Response required regarding the attack on the Chauki In-charge at the Meja, Kaurihar and for improving the morale of the police force and for checking political and executive interference with the police machinery

We are shocked to read the news report which appeared today (30.10.2014) in the Dainik Jagran daily newspaper that some criminal elements, who were realizing illegal tolls, at the district panchayat toll barrier in Meja on being pulled up by the Sub Inspector Amit Misra, arrived at the Police Chauki in a Bolero and Scorpio and assaulted the recently posted Sub Inspector and left him bleeding and in a badly injured condition. The news report further mentions that some of the accused persons have been picked up who were rumoured to be associated with the ruling party. The news item, which is taken on record, further mentions that earlier also with regard to action against realization of illegal tolls at the same toll barrier, the then S.O. Ram Chandra Singh had been assaulted at the Meja Police Station, in which, about a dozen persons were implicated by name, but after some time the matter has been put under the back burner. Prior to that, the S.O. Bara, Rajendra Dwivedi had been murdered by Indica borne miscreants.

We may state quite categorically that if the police, who are the guardians of the law cannot be protected, and they can be attacked with impunity in this manner in the police chauki or the police station or on the road, this only reflects the extent of lawlessness prevailing in society. What hope can the common man then have from our policing, administrative or judicial system. It is therefore necessary that exemplary action with punishments be meted out to such criminals, and mafia, and there should be zero tolerance for such criminals irrespective or their actual or claimed affiliation with any criminal party. Criminals are known to join whatever political parties may be in power for carrying out their nefarious designs. It is a matter of common knowledge that part of the reason for the unbridled criminal activity by such hard core criminal elements, and mafia is their understanding that they would be protected by their political masters. Police officers posted in police stations and other important posts are often completely demoralized and fear that they can be suspended or transferred if they take stern steps against such criminal elements and mafias. It is high time that political parties dissociate themselves and show zero tolerance for such criminal elements, and also refrain from interfering with police actions against such criminals. Using transfers as a tool by political parties at the State land Central levels, in contraventions of the Report of the National Police Commission, (1979) has been adversely commented on by the Apex Court inter alia in the Vineet Narain and the Prakash Singh v. Undion of India, series of orders. It was thus aptly observed in paragraph 60 in Vineet Narain v. Union of India, (1998) 1 SCC 226, at page 272 , "It is shocking to hear, a matter of common knowledge, that in some States the tenure of a Superintendent of Police is on an average only a few months and transfers are made for whimsical reasons. Apart from demoralising the police force, it has also the adverse effect of politicising the personnel. It is, therefore, essential that prompt measures are taken by the Central Government within the ambit of their constitutional powers in the federation to impress upon the State Governments that such a practice is alien to the envisaged constitutional machinery." Likewise in its orders in Prakash Singh v. Union of India, the Apex Court has been repeatedly emphasizing the need for fixed tenures for posting of police personnel and for insulating police machinery from political and executive interference and for making it more effective and efficient for preserving the rule of law (2006) 8 SCC 1 etc al) On the next listing we would therefore like to have a response from the concerned respondents regarding

I.the measures taken for apprehending and punishing the offenders in the aforesaid cases of crimes against Amit Mishra and other concerned police officers and the short and long term meaures planned for checking demoraization of the police force

II.The short and long term measures being taken for controlling such criminal elements who may be mafia contractors, or engaged in organized crimes or other habitual criminals

III.The measures contemplated for insulating the police machinery from political and executive interference and for compliance of the directions in paragraph 60 in Vineet Narain's case and the directions in Prakash Narain v. Union of Indiaia, and for restoring the confidence of the public in the law and order and investigating machinery

List on 5.01.2015. 

We hope that the Officers concerned, who are belonging to the different departments and who are present today, or some other officers in their place would again be present on the next date to give information to this Court on the queries it may raise.

Order Date :- 30.10.2014

HSM