SC slams UP for laxity, orders him to deposit Rs 7 lakhs towards the provisional cost

2002 meeting case: SC slams UP for laxity, orders him to deposit Rs 7 lakhs towards the provisional cost

1970-01-01T05: 30: 00 + 0530

New Delhi, October 1 (PTI) The Supreme Court arrested the government of Uttar Pradesh for “laxity” in the investigation of a case, in which a man was killed during an alleged encounter with the police in 2002, and ordered him to file Rs seven lakhs with the Supreme Court registry for interim costs.

The Supreme Court called it a “very serious matter” and said that the laxity with which the state has proceeded in the case “speaks volumes about the way the state apparatus defends itself.

He said the late pillar’s father had been in office for 19 years to ensure justice was done in the case against the defendants, who were police officers.

The Supreme Court said the lawyer for the deceased’s father, who is the claimant before it, said one of the fugitive defendants retired in 2019 and received all of his pension contributions even s ‘there had been an order to stop payment of wages.

“Such conduct of the Respondent / State cannot be understood. The laxity with which the state has proceeded in this case speaks volumes about how the state apparatus defends or protects its own police, ”noted a bench of Judges Vineet Saran and Aniruddha Bose in its order issued Thursday. .

The bench noted that the incident is from 2002 and since then the case has been pending. The alleged meeting took place in Sikanderabad, Bulandshahr district.

From the record, it appears that a closing report was filed by the police, but the same was rejected by the trial court in January 2005.

The Supreme Court noted that the defendants were not even arrested for the next nine months, although there had been no stay of proceedings.

He said that in 2018 the trial court ordered the state to withhold payment of the accused’s salary, but the same was not done except in the case of one accused.

The judiciary noted that the order to stop the wages of the accused was again voted in April 2019, which according to the applicant has not yet been complied with.

“It should be noted that it was only after this court issued opinions in this motion in brief on September 1, 2021, that the state apparatus prepared for action and arrested two accused after 19 years and one accused surrendered. Regarding the fourth accused, it is indicated that he is still at large, ”noted the highest court in the order.

The judiciary said that in the extraordinary circumstances of this case, it allowed the request of the father of the deceased to ensure that justice be served.

The court noted the Uttar Pradesh attorney’s observations that the state is taking all necessary measures and also opened an investigation into why action was not taken at the appropriate stage.

“In any event, taking into account the facts of the case as recounted above, and taking into account all the circumstances and the suffering that the Applicant has suffered, we order that the State of Uttar Pradesh deposits a sum of Rs seven lakhs with the registry of this court for interim costs within a week from today, ”he said.

He further stated: “Once this deposit is made, the applicant, who is the father of the deceased, will have the right to withdraw it. “

The judiciary took the case under advisement on October 20. PTI ABA



Disclaimer: – This story has not been edited by Outlook staff and is auto-generated from news agency feeds. Source: PTI

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