Uttarakhand High Court
Suo Moto Writ Petition (Criminal) vs State Of Uttarakhand on 13 February, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (CRL) No. 46 of 2025
Suo Moto Writ Petition (Criminal)
Versus
State of Uttarakhand
and others. .......Respondents.
Present:
Mr. J.S. Virk, learned Deputy Advocate General for the State.
Hon'ble Mr. Justice Rakesh Thapliyal, J.
1. Mr. J.S. Virk, learned Deputy Advocate General placed
before this court the details of the criminal trial pending in
different courts against Ex and Sitting Public Elected
Representatives.
2. On perusal of this list it reveals that some of the trials are
pending since last more than ten years. As per the judgment of
the Hon'ble Apex Court in the case of Ashwini Kumar
Upadhyay vs. Union of India and Anr. decided on 09.11.2023,
the reference of which has been given in my earlier order dated
28.01.2025, the efforts should be made to expedite all these trials
by referring the matters to the designated courts and the
concerned High Court shall monitor the expeditious disposal of
each of the Trial.
3. Mr. J.S. Virk, learned Deputy Advocate General submits
that in the State of Uttarakhand there are some designated courts
and he will get some more information about the pending trial
and prepare a list so that the concerned designated court be
directed to expedite the trial on day-to-day hearing basis. He
sought three days' time for this purposes.
4. The another document, which he has placed before this
court is with regard to the allotment of residential
accommodation of Irrigation Department to the Ex and Sitting
MLA. One such allotment letter was issued by the Executive
Engineer Mr. V.K. Goyal on 23.12.2024 by stipulating a condition
that if there is a need of accommodation to the department then
the same should be vacated within a month. This allotment was
made in the year 2004 and now 20 years have been passed,
therefore, the question is whether for 20 years there was no need
of this accommodation to the department. To clarify this, the
Chief Engineer of Irrigation Department with Mr. V.K. Goyal, the
then Executive Engineer, who is the signatory of the allotment
order shall join the proceedings through V.C. on the next date.
5. The another allotment is in respect of a Sitting MLA i.e.
House No. A-18/02 Type-4 of Irrigation Department allotted to
the sitting MLA for the purposes of residence as well as for
hearing of the public complaints. The question is if it was allotted
for the residential purposes then whether it can be utilized for
public hearing. Furthermore, no such policy is placed before this
court with regard to these allotments whether these Government
accommodations can be allotted to a public elected
representative. It is also not clear whether these allotees have an
alternative their own accommodation in their constituency, for
that purposes Mr. J.S. Virk, learned Deputy Advocate General
requests that he will get the necessary instructions.
6. The next issue pertains to the security Mr. J.S. Virk, learned
Deputy Advocate General, placed before this court one of the
judgment passed by the Division Bench of this Court dated
10.11.2016 in WPCRL No. 1037 of 2016, wherein, there is a
reference of a Committee comprising of Inspector General of
Police/DIG as well as Senior Superintendent of Police of the area
and if such Committee make any such recommendation the
Secretary (Home) shall take a final decision on this.
7. By referring this judgment Mr. J.S. Virk, learned Deputy
Advocate General, submits that the issue with regard to the
security provided to these two persons, who are responsible for
the incident, which is happened in Roorkee on 26.01.2025 the
recommendations have already been made. So far as the "Y"
category security as provided to the Sitting MLA is concerned
Mr. J.S. Virk have not received any such instructions in this
regard. The question is if a person involved in criminal case
facing various criminal trial is entitled for "Y" category security,
what is the policy for giving "Y" category security and criteria for
that purposes Mr. J.S. Virk sought time. Let the entire record
pertaining to "Y" category security to Mr. Umesh Sharma be
placed before this court on the next date.
8. To examine all these issues, put up this matter on 17.02.2025
at 4:00 PM.
(Rakesh Thapliyal, J.)
13.02.2025
PR
