Allahabad High Court
Jeeshan @ Jaanu vs Mukul Goel,Director And 2 Others on 6 April, 2022
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1994 of 2022
Applicant :- Jeeshan @ Jaanu
Opposite Party :- Mukul Goel,Director And 2 Others
Counsel for Applicant :- Chandra Kant Bharadwaj
Hon'ble Rohit Ranjan Agarwal,J.
1. This contempt application under Section 12 of the Contempt of Courts Act has been filed for punishing the opposite parties for wilfully and intentionally disobeying the order dated 29.01.2021 passed by Division Bench of this Court in Criminal Misc. Writ Petition No.10974 of 2020 connected with Criminal Misc. Writ Petition Nos.13521 of 2020 and 14300 of 2020.
2. Learned counsel for the applicant submitted that the applicant had earlier approached this Court through Criminal Misc. Writ Petition No.10974 of 2020 seeking a direction upon respondents State Authorities to delete his name from the list of Top-10 criminals of Police Station Khuldabad, District Prayagraj. Further, a direction was sought to close the history sheet of the applicant opened by the police of Police Station Khuldabad.
3. The Writ Court, while allowing the writ petition, granted following reliefs :
"(i) The policy/circular dated 06.07.2020 is intra vires Articles 14, 15 and 21 of the Constitution.
(ii) The DGP, UP is directed to forthwith remove the names/identities of Top-10 criminals along with their criminal antecedents from the flysheet board from all the police stations. He is also directed to ensure that a circular in the light of this judgment is sent to all the police heads of the districts so as to ensure strict compliance.
(iii) The circular shall also provide that any violation of this judgment would not only invite disciplinary action but also criminal prosecution under appropriate provisions including payment of compensation from the erring official.
(iv) The benefit of this judgment will not be available to proclaimed offenders and fugitives in law."
4. Learned counsel for the applicant submitted that opposite parties instead of complying the order dated 29.01.2021 have started spreading rumours that the applicant is part of Top-10 criminals in the list of Police Station Khuldabad and having long criminal history. The present application has been filed for initiating contempt proceedings against the opposite parties.
5. I have heard Sri Chandra Kant Bharadwaj, learned counsel for the applicant and perused the material on record.
6. It is not in dispute that the applicant had earlier approached this Court through Criminal Misc. Writ Petition No.10974 of 2020 wherein the Court, while allowing the writ petition, had directed the Director General of Police to forthwith remove the names/identities of Top-10 criminals along with their criminal antecedents from the flysheet board from all the police stations. The Court further held the policy/circular dated 06.07.2020 of the State Government to be intra vires Articles 14, 15 and 21 of the Constitution.
7. The present application has been filed by the applicant on the ground that the police of Police Station Khuldabad, District Prayagraj is spreading rumours that the applicant is part of Top-10 criminals of the list of Police Station Khuldabad. However, he failed to place before the Court any material so as to substantiate his claim that the opposite parties are in flagrant disregard of judgment dated 29.01.2021 and his name is there on the flysheet board of Police Station Khuldabad.
8. The contempt application is based solely on the rumours. Relevant paras 9, 10 and 11 of the contempt application is extracted hereas under :
"9. That since the time when election commission of India enforced the election moral code of conduct in the State of Uttar Pradesh due to the upcoming election or state legislative assembly, the police of Khuldabad police station district Prayagraj which is governed by the respondent no.1 and 2 again started harassing the applicant instead of complying with the order passed by this Hon'ble High Court dated 29.01.2021.
10. That the aforesaid police of the police station Khuldabad, district Prayagraj is spreading the rumor that the applicant is the part of Top-10 criminal list of police station Khuldabad and a notorious criminal with a long criminal antecedents. His history sheet was opened on 31.07.2020 as No. is 5-B. They are doing this despite of the fact that this Hon'ble Court in their order dated 29.10.2021 allowed the aforementioned prayer of the applicant in the Criminal Misc. Writ Petition No.10974 of 2020 as Jeeshan @ Jaanu and Another Vs. State of U.P. and 4 others. Thus, the acts of Khuldabad Police Station show their defiance/contempt to the Hon'ble High Court.
11. That police is also slandering the applicant by announcing that he is part of infamous I.S (inter-state)-227 gang which is managed by Mafia Ateek Ahmad even though the applicant is himself aggrieved of the oppression by Mafia Ateek Ahmad and his family members. He even lodged a FIR against Ali S/o Mafia Ateek Ahmad and his goons. In this regard a true photo copy of the FIR dated 31.12.2021 is being filed herewith and marked as ANNEXURE No.05 to this application."
9. Thus, from the reading of averments made in the contempt application, no case of contempt is made out against the opposite parties as this Court finds that opposite parties have not flouted the order dated 29.01.2021 and it is only the rumour which the applicant has heard, that he has approached this Court and filed the present contempt application without there being any material on record to show that the order of Writ Court has been violated.
10. Contempt application is misconceived and is hereby dismissed.
11. Let a copy of this order be sent to the Director General of Police, U.P. through Registrar (Compliance) within three days.
Order Date :- 6.4.2022
Kushal
