IN THE HON’BLE HIGH COURT OF
JUDICATURE AT ALLAHABAD
I N D E X
IN
CIVIL MISC. WRIT PETITION NO. OF 2011
(Under Article 226
of the Constitution of India)
(DISTRICT – GHAZIABAD)
Sachin Tyagi and another-------------------------------Petitioners
Versus
State of Uttar Pradesh and others----------------------Respondents
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Sl.no.
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Particulars.
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Dates.
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Ann.
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Pages.
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1.
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List of dates and Events.
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2.
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Misc. Application (Under Chapter XXII Rule 1 of High Court
Rules, 1952)
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3.
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Writ Petition (Under Article 226 of the Constitution of India)
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4.
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Copy of the bye-laws and registration certificate of cooperative
society.
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1.12011
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1
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5.
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Copy of the project identity of Uttar Pradesh Industrial and
Residential Corporation Ltd.
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14.1.2011
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2
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6.
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Copy of the letter-pad of
society namely Uttar Pradesh Sachivalaya Seva Sidhi Bharti Sangh.
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20.1.2011
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3
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7.
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Copy of the certificate issued to the petitioner no.1.
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14.01.2011
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4
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8.
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Photographs pertaining to the meeting having participation of
high profile ranking in the State of Uttar Pradesh conducted at Vibhuti
Khand, Gomti Nagar, Lucknow.
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15.1.2011
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5
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9.
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Photographs having distribution
of blanket to the poor persons in the meeting so conducted at Vibhuti Khand,
Gomti Nagar, Lucknow.
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15.1.2011
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6
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10.
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Photo copy of the news item published pertaining to ‘Red Light
Scandal’ in Dainik Jagran.
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15.1.2011
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7
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11.
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Photo copy of the news item published pertaining to ‘Red Light
Scandal’ in Hindustan.
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10.05.2011
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8
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12.
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Affidavit.
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13.
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Vakalatnama.
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Dt/- 27.6. 2011 ( YOGESH KUMAR SAXENA )
Advocate
Counsel for the
Petitioners
Chamber no. 139, High Court,
Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LIST OF
DATES AND EVENTS
IN
CIVIL MISC. WRIT PETITION
NO. OF 2011
(Under Article 226 of the Constitution
of India)
(DISTRICT – GHAZIABAD)
Sachin Tyagi
and another-------------------------------Petitioners
Versus
State of
Uttar Pradesh and others----------------------Respondents
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Sl. No.
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Dates.
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Events.
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1.
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1.1.2011
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The respondent no. 3 namely Mr. Rajveer Singh, according to the
information given by his associates having now being escorted on the basis of police power and from the
information gathered by the
petitioners, is admittedly the Vice President of Uttar Pradesh Sahkari
Gramodyogik Vastu Utpadan Avam Vipdan Sangh, Lucknow. Similarly his
associates Mr. Pramod Kumar is the
president of Uttar Pradesh Motor
Transport Cooperative Federation Ltd having his registered Head-Office at 82,
Vibhuti Khand, Gomti Nagar, Lucknow, while his regional office is situated at
Mahabir Chowk, at Muzaffarnagar. One
Rajiv Mishra is main conspirator of
respondent No. 3 and is associates in some federation, which is a registered
society under the provisions of U.P. Cooperative Societies Act, 1965 and a
certificate to this effect has also bee issued under section 8 (1) of the
aforesaid Act No. 11 of 1966.
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2
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14.1.2011
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There is another unit namely Uttar Pradesh Industrial and
Residential Corporation Ltd, which has got the different schemes of Small
Unit Industrial setup being organized having nomenclature of manufacturing
and cooperative marketing and joint marketing schemes. The Chief Minister in
the State of Uttar Pradesh Sushri Mayawati was proposed to award the prize
under “Kanshiram Small Unit Industrial Award Scheme”, which were attended by
respondent no.3 along with his other associates and number of the innocent
farmers in order to demonstrate the proximity of their closeness with Hon’ble
Chief Minister in the State of Uttar Pradesh.
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3.
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14.1.2011
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Before the said meeting a certificate was issued by the
President of aforesaid Uttar Pradesh Motor Transport Cooperative Federation
Ltd by Mr. Pramod Kumar, by appointing
the petitioner no.1 as Vice President unanimously. An assurance was given
that all the facilities available to the Deputy Minister in the State
Government shall also be available on account this assignment given to the
petitioner. The certificate to this effect was issued to the petitioner no.1
on 14.01.2011.
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4.
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15.1.2011
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It has become a fashion to
facilitate Bahan Km. Mayayati, Chief Minister of Uttar Pradesh with garlands
having the Currency Notes of Rs. 1000/- on her birth day celebrations as the
person aspirants to become constitutional functionaries and political millage
as they may get an opportune to please their political master by cutting the
celebrations Birth Day cake and
distributions of the blankets and swing machines by giving the assurance to
the soft corner to get some favorable assignment in the lucrative offices of
the state Government. The petitioners are seeking protection against the high
handedness and atrocities committed upon them by extracting an exorbitant
amount of Rs. 55.3 Lacks, out of which
the expenditure Rs. 2 Lacks is being incurred in getting the ceremonial
functioning’s expenditure being
procured from them in cash money by demonstrating the position by the
respondent no. 3 for getting the celebration of birth Ceremony festival Of
Bahan Km. Mayayati on 15th January 2011 and other expenditure in
distribution of 150 blankets costing Rs. 120 each and 28 swing Machines
costing about Rs.4000/- from them,
costing another expenditure of money of Rs. 1,30,000/- as compensation amount was lying in the
accounts of petitioner no. 2 of land acquired by acquisition authorities by
trapping through allurement of providing them a high position of the Deputy
Minister rank in the Government and other accessories in a preplanned
conspiracy hatched by respondent No. 3 and his other associates.
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5.
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15.1.2011
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The petitioner No. 1 is only
having the academic qualification up to VIII class while the father of the
petitioner No. 1 namely the respondent No. 2 is an illiterate person. Since
the petitioner no. 1 is the only son and as such on the insistent to become
rich and powerful identity in the public, they have been made fool by the
agents of Respondent No. 3. Both these person are neither involved in
realizing any money from other innocent farmers. There are other farmers
identical to their dreaded destitute
and miseries suffered in the incidence of “Birth Day Celebrations of Bahan
Sushri Mayawati” and consequential
‘Red Light Scandal’. There has not been any report against the
petitioners in any police Station regarding their involvement in any criminal
and civil matter, nor they have any criminal antecedents till date, as they
are respected rich person in the social circle always ready to believe and
trust other person due to their innocence in ambitious atmosphere ruining the
future prospective of our Nation. However the agents of respondent No. 3 and
4 are threatening to the petitioners , if the matter shall be brought to the
notice of any state authority on account of the matter pertaining to the
procurement of money in the “Birth Day Celebrations of Bahan Sushri Mayawati”,
which may affect the reputation of State Government.
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6.
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15.1.2011
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Before the said meeting a certificate was issued by the
President of aforesaid Uttar Pradesh Motor Transport Cooperative Federation
Ltd by Mr. Pramod Kumar, by appointing
the petitioner no.1 as Vice President unanimously. An assurance was given
that all the facilities available to the Deputy Minister in the State
Government shall also be available on account this assignment given to the
petitioner. The certificate to this effect was issued to the petitioner no.1
on 14.01.2011. the aforesaid money was realized in a preplanned conspiracy
hatched by respondent no.3 and his associates posing themselves to be closely
associated with the political nexus of the present political setup and
numbers of the persons of high profile ranking were also invited on the
occasion of meeting conducted of Uttar Pradesh Motor Transport Cooperative
Federation Ltd. the birth day of Bahan Sushri Mayawati, on 15.1.2011 , the
cake of 55 K.G. was brought in anticipation of attending the function by
Hon’ble the Chief Minister as per the commitment given by the respondent no.
3 and assured that the prize distribution ceremony be held by Hon’ble the
Chief Minister on her Birth Day. Thus
the blankets were distributed to the poor persons in the aforesaid
meeting by the petitioner No. 1 along with respondent No.3 on being
instigated to do so to create the good will in political Circle on
instigations of the agent of respondent No. 3 namely Mr. Pramod Kumar And Mr.
Anil Mishra alleging him to be General Secretary of Uttar Pradesh Motor
Transport Cooperative Federation Ltd.
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7.
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10.5.2011
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At the sudden all the dreams,
which were shown to the petitioner no.1 have been blown to the ashes as the
information to the effect of lodging a complaint by respondent no.3 against
his close associates named above, on account of the reason that the money procured
in such a fraudulent representations, the adequate share had not been given
by his associates. The incident were published in the newspapers, in which it
has been disclosed that respondent No. 3 got his other associates being arrested by respondent no.4, one from
District Kushi Nagar and another from District Lucknow. the respondent No. 3
has been remained the main culprit of
giving the incentives to the innocent farmers including the petitioners. Now
on the basis of the affidavit given by the main conspirator of conducting the
Birth Day Celebration of Bahan Sushri Mayawati on 15th January
2011, the respondent no. 1 only on account of respondent No. 3, who had
cheated the petitioners and other farmers are adopting the coercive method
against the associates of Respondent No. 3, by relying upon his statement
that his Blank letter pads have been issued by his associates, The raid was
provided at the residence of other farmers and the agents of respondent No. 3
and 4 are having a search being made at the residence to arrest the
petitioners and destroy the evidence having involvement of respondent no. 3
along with his associates. apart from the respondent No. 3, Mr. Rajeev Mishra
and Mr. Anoop Srivastava, the names of Mr.
M.U. Khan, Mr. Anil Chaudhary, Mr. Pramod Kumar, Mr. Vikas Sharma and other individual
operating in the aforesaid “ Birth Day
Celebration of Bahan Mayawati” having creation of another Scam of ‘Red Light
Scandal’, Which have come to the
notice of innocent farmers, who have been cheated by the respondent No. 3.
The petitioners have only become conversant after looking in the report
published in the newspapers, which is the only source of information gathered
by the citizens in consonance with their fundamental rights guaranteed under
Article 19 (1) (a) of the Constitution of India. Thus the report published in
the newspapers are the vital peace of evidence to the citizen in absence of
autoerotic publication by State Government, which may be taken note for making out a prima facie
case against the conspiracy hatched by the private respondent No. 3 against the petitioners.
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8.
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10.5.2011
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According to the report
published in the newspapers the accounts of all the six accused persons said
to have been arrested or likely to be arrested, whose names have been shown
in the news item, it has been disclosed that disproportionate amount to their
known source of income in the said bank account of accused persons. The
petitioners may be permitted to place convincing evidence in order to
demonstrate the truthfulment of their statement as they have been deceived by
respondent No. 3 and his associates. The money incurred was obtained after
the withdrawing the amount from the
accounts of the petitioners bearing account no.92815 lying in Punjab National Bank, Ghaziabad
and Cooperative Citizen Bank . Ghaziabad
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9.
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15.6.2011
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The petitioners approached the
respondent no.2 and they have been directed to make a contact with respondent
no.4. However, instead of providing any assistance for restitution of the
rights for providing the money cheated by the respondent No. 3 and his
associates which is amenable to the
petitioners, the officials of respondent no.4 have started interrogation of
petitioners as the petitioners are themselves accounted for as the associates
of these accused persons. They were directed to produce all such clinching
evidence as to become accomplish to the crime committed by respondent no. 3.
That threatening were started by the agents of these six persons by sending
the miscreants posing themselves as the sharp shooter, who were accompanied
with weapons and appears to be closely associated with the respondent No. 3,
in case of any retaliation shown by the exposure of the truth before any
subordinate authority under the State Government. This is being done as the
publicity regarding the involvement of ruling party may not be exposed to
other citizens in the “Birth Day Ceremony Celebrations Of Bahan Sushri
Mayawati Money Scandal” and assurance given in the alleged ‘Red Light
Scandal’.
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10.
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27.6.2011
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That there was no occasion for
initiating the criminal proceedings on the instruction issued by respondent No. 3 alledging the use of
letter pad and his signature and on the basis of the instruction issued by Sri kunwar
Fateh Bahadur Principal Secretary Homes, Secretariat of U.P., thje STF of Muzaffarnagar range working under the respondent No 4 has
been directed to get the matter investigated and to
arrest the individual by giving a clear cut escape to the organizer “Birth
Day Celebrations of Bahan Sushri Mayawati” namely to the respondent No. 3 .
Thus no other remedy is available except to seek protection of fundamental
rights guaranteed to the petitioner and to get the matter investigated by the
respondent No. 5.
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Dt/-27.6.
2011
( YOGESH KUMAR SAXENA )
Advocate
Counsel for the
Petitioners
Chamber no. 139, High Court,
Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL MISC. APPLICATION
NO. OF 2011
(Under Section 151 of the
C.P.C.)
On behalf
of
Sachin Tyagi
and another-----------------------------Petitioners
IN
CIVIL
MISC. WRIT PETITION NO.
OF 2011
(Under Article 226 of the Constitution
of India)
(DISTRICT – GHAZIABAD)
1. Sachin
Tyagi, son of Sri Budh Prakash Tyagi
2. Budh Prakash
Tyagi, son of Jandoo Singh Tyagi
Both
residents of Village and Post Makhanpur,
District Ghaziabad. ---------------------------- Petitioners
Versus
1. State of
U.P. through Secretary, Home Department, Govt. of U.P. Lucknow.
2. Inspector
General of Police, Meerut Region, Meerut.
3. Rajveer
Singh, Vice President, Uttar Pradesh Sahkari Gramodyogik Vastu Utpadan Avam
Vipdan Sangh, Lucknow.
4. State Task
Force, Field Unit, Civil Lines, Muzaffarnagar Range, Dy. Inspector General Of Police, Regional Police office
Meerut Zone, Meerut.
5. Central
Bureau of Investigation, Lucknow Range, Lucknow.
-----------------------Respondents
To,
The Hon’ble the Chief Justice and
his other companion Judges of the aforesaid court.
The humble application of the above
named applicant/ petitioner most respectfully showeth as under: -
(i)
That the full facts and circumstances of the case have been given
in the accompanying writ petition, it is expedient in the interest of justice
that this Hon’ble Court may graciously be pleased to direct and the restrain the respondent No. 4 from using any coercive
measurement by making the arrest of petitioners on the basis of the
application/affidavit given by the respondent No. 3 to the respondent No. 1
without having any cogent material regarding involvement of petitioners
procuring money in the aforesaid “Birth Day Celebrations of Bahan Sushri
Mayawati” and ‘Red Light Scandal’ and directing further to the respondent No. 1 commanding him that the
unaccounted for money lying in the accounts of accused persons involved in ‘Red
Light Scandal’ in the tune of Rs. 55.3
Lacks incurred by the petitioners on the instigation of respondent No. 3 and
his agents for conducting “Birth Day
Celebrations of Bahan Sushri Mayawati” may also be divested to the accounts of
petitioners.
(ii)
That it is prayed during the pendency of writ petition the
Respondent No.5,Central Bureau of Investigation agency may be directed to conduct the independent enquiry in the
matter the aforesaid “Birth Day Celebrations of Bahan Sushri Mayawati” and ‘Red Light Scandal’ and furnish the report of said enquiry to
this Hon’ble Court or to issue some other direction in the interest of justice.
P R A Y E R
It is, therefore, most respectfully
prayed that this Hon’ble Court may graciously be pleased to restrain the respondent No. 4 from using any coercive
measurement by making the arrest of petitioners on the basis of the
application/affidavit given by the respondent No. 3 to the respondent No. 1
without having any cogent material regarding involvement of petitioners
procuring money in the aforesaid “Birth Day Celebrations of Bahan Sushri
Mayawati” and ‘Red Light Scandal’ and further directing to the respondent No. 1 commanding him that the
unaccounted for money lying in the accounts of accused persons involved in ‘Red
Light Scandal’ in the tune of Rs. 55.3
Lacks incurred by the petitioners on the instigation of respondent No. 3 and
his agents for conducting “Birth Day
Celebrations of Bahan Sushri Mayawati” may also be divested to the accounts of
petitioners.
It is prayed during
the pendency of writ petition the Respondent No.5, Central Bureau of
Investigation agency may be directed to conduct the independent enquiry in the
matter the aforesaid “Birth Day Celebrations of Bahan Sushri Mayawati” and ‘Red Light Scandal’ and furnish the report of said enquiry to
this Hon’ble Court And/or pass such
other suitable order or direction, which this Hon’ble Court may deem fit and
proper in the present circumstances of the case.
Dt/- 27.6. 2011
( YOGESH KUMAR SAXENA )
Advocate
Counsel for the
Petitioners
Chamber no. 139, High Court,
Allahabad
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL MISC. WRIT
PETITION NO. OF 2011
(Under Article 226 of the
Constitution of India)
(DISTRICT –
GHAZIABAD)
1. Sachin
Tyagi, son of Sri Budh Prakash Tyagi
2. Budh Prakash
Tyagi, son of Jandoo Singh Tyagi
Both
residents of Village and Post Makhanpur,
District
Ghaziabad.
---------------------------- Petitioners
Versus
1. State of
U.P. through Secretary, Home Department, Govt. of U.P. Lucknow.
2. Inspector
General of Police, Meerut Region, Meerut.
3. Rajveer
Singh, Vice President, Uttar Pradesh Sahkari Gramodyogik Vastu Utpadan Avam
Vipdan Sangh, Lucknow.
4. State Task
Force, Field Unit, Civil Lines, Muzaffarnagar Range, Dy. Director General Of
Police, Regional Police office Meerut Zone,
Meerut.
5. Central
Bureau of Investigation, Lucknow Range, Lucknow.
-----------------------Respondents
To,
The Hon’ble the Chief Justice and
his other companion Judges of the aforesaid court.
The humble writ petition of the
above named petitioners most respectfully showeth as under: -
1.
That this is the first writ petition filed by the petitioner for
protection of fundamental rights guaranteed to the petitioners under Article
21, 22 and protection of property right guaranteed under Article 300-A of the
Constitution of India against the atrocities and oppression committed by the
Police Force due to the political pressure of ruling political party on the
behest of authorities of State Government in the matter pertaining to the
incidence of “Birth Day Celebrations of Bahan Sushri Mayawati” and
consequential ‘Red Light Scandal’ and no
other writ petition for the same cause of action has been filed or pending
before this Hon’ble Court by the petitioners. The petitioners have not received
any notice of caveat application on behalf of respondents till today in the
present writ petition.
2.
That it has become a fashion to facilitate Bahan Km. Mayayati,
Chief Minister of Uttar Pradesh with garlands having the Currency Notes of Rs.
1000/- on her birth day celebrations as the person aspirants to become
constitutional functionaries and political millage as they may get an opportune
to please their political master by cutting the celebrations Birth Day
cake and distributions of the blankets
and swing machines by giving the assurance to the soft corner to get some
favorable assignment in the lucrative offices of the state Government.
3.
That the petitioners are seeking protection against the high
handedness and atrocities committed upon them by extracting an exorbitant
amount of Rs. 55.3 Lacks, out of which
the expenditure Rs. 2 Lacks is being incurred in getting the ceremonial
functioning’s expenditure being procured
from them in cash money by demonstrating the position by the respondent no. 3
for getting the celebration of birth Ceremony festival Of Bahan Km. Mayayati on
15th January 2011 and other expenditure in distribution of 150
blankets costing Rs. 120 each and 28 swing Machines costing about Rs.4000/- from
them, costing another expenditure of
money of Rs. 1,30,000/- as compensation
amount was lying in the accounts of petitioner no. 2 of land acquired by acquisition
authorities by trapping through allurement of providing them a high position of
the Deputy Minister rank in the Government and other accessories in a
preplanned conspiracy hatched by respondent No. 3 and his other associates.
4.
That the petitioner No. 1 is only having the academic
qualification up to VIII class while the father of the petitioner No. 1 namely
the respondent No. 2 is an illiterate person. Since the petitioner no. 1 is the
only son and as such on the insistent to become rich and powerful identity in
the public, they have been made fool by the agents of Respondent No. 3. Both
these person are neither involved in realizing any money from other innocent
farmers. There are other farmers identical to their dreaded destitute and miseries suffered in the
incidence of “Birth Day Celebrations of Bahan Sushri Mayawati” and
consequential ‘Red Light Scandal’. There
has not been any report against the petitioners in any police Station regarding
their involvement in any criminal and civil matter, nor they have any criminal
antecedents till date, as they are respected rich person in the social circle
always ready to believe and trust other person due to their innocence in
ambitious atmosphere ruining the future prospective of our Nation. However the
agents of respondent No. 3 and 4 are threatening to the petitioners , if the
matter shall be brought to the notice of any state authority on account of the matter
pertaining to the procurement of money in the “Birth Day Celebrations of Bahan
Sushri Mayawati”, which may affect the reputation of State Government.
5.
That there have been number of the farmers having affluent background
with the cash lying in their hands, who were subjected to be trapped by
respondent No. 3 and by his agents namely
Mr. Param Hansh, Mr. Gyanendra Sharma, One
C.E.O Karan Chaukar,elder brother of Pramod kumar and many others . These
person assured that the Hon’ble Chief Minister will grace the occasion of her
55 birth day celebration at A-82 , Vibhuti Nagar at Gomati Nagar, Lucknow and
as such under their assurance that lucrative posts shall be given to them, they
assembled at the office of U.P. Cooperative Motor Federation Office at Lucknow.
The petitioners were also trapped by the agents of respondent No. 3. It was not
known to them that these people are playing fraud with the petitioners to usurp
the cash amount of Rs. 52 Lacks in Cash and rest of the amount procured from
petitioners for purchase of the cake at 55 birth day ceremony of Bahan
Mayawati, arrangement of the meeting, Distribution
of the Blankets and Swing Machine invested by the petitioner no. 1 alone due to
being conferred as vice President of Federation , said to be of Dy. Minister
Rank. The red Light was Affixed by Rajveer, The respondent No. 3 on the Car of
the petitioner No. 1. Now all these farmers are now being proposed to be
grilled by STF on the Behest of the respondent No. 3 and an enquiry is set up
by the respondent No. 1 itself as the matter pertaining to the incidence of
“Birth Day Celebrations of Bahan Sushri Mayawati” and consequential ‘Red Light Scandal’ may not be highlighted by
the petitioners, which has necessitated
for filing the present Writ petition for protection of fundamental rights
guaranteed to the petitioners under Article 21, 22 and protection of property
right guaranteed under Article 300-A of the Constitution of India against the atrocities
and oppression committed by the Police Force due to the political pressure of
ruling political party on the behest of authorities of State Government
6.
That since the oppression of the Police Force deployed by
respondent no.1 and 2 through its State Task Force under respondent no.4,
instead of reimbursement of money procured in the deceitful manner by the
private respondent No. 3, is sought to have been avoided till no reliable
evidence in the matter pertaining to the incidence of “Birth Day Celebrations
of Bahan Sushri Mayawati” and consequential ‘Red Light Scandal’ may not be highlighted
against the petitioners by the respondents No. 4 and 5 , the protection for
unlawful arrest has also been sought from this Hon’ble Court.
7.
That the petitioners are innocent farmers cultivating their
agricultural land from time of their ancestors. It is submitted that about 68
Bighas of land belonging to petitioner no.2. Out of the said land, the land has
been acquired by the State Government and since an exorbitant amount of
compensation was given on the basis of valuation of said land, the petitioners
have been trapped in a preplanned conspiracy hatched by private respondent No 3
and his associates in connivance of politicians of ruling party of the State
Government.
8.
That it is well known to the citizens in the State of Uttar
Pradesh that there has always been the demand of exorbitant money by the ruling
political set up in the State of Uttar Pradesh. It is also undisputed fact that
ordinary person with the help of the money power can procure the high position
of rank of Deputy Minister through the deceit of the persons, having
affiliations to the political persons in the present political set up in the
State of Uttar Pradesh.
9.
That has been incident in District Auraiya in which on account of
providing resentment to the demand made by sitting Member of Legislative
Assembly namely Mr. Shekhar Tiwari M.L.A. of Bahujan Samaj Party the Executive
Engineer Mr. Manoj Gupta was murdered in gruesome manner as a preplanned conspiracy,
in which there has been active participation of police force for eliminating
the evidence of the murder of Executive Engineer. However, on account of
publicity of the matter in the newspapers by the rival group of political power
the prosecution was started and conviction has been done to the sitting Member
of Legislative Assembly of ruling political party and also of his wife for
wiping out the existing evidence from the scene of murder in connivance of
police personal of the said District.
10.
That there has been number of the incidents like day light murder
of Dr. V. P. Singh, Chief Medical
Officer family welfare at Lucknow and Dr. Vinod Arya another Chief Medical
Officer and thereafter the story concocted of committing suicide by Dr. Y. S. Sachan,
Deputy Chief Medical Officer, an accuse of misappropriation of Government
Money, who remained the main accused and conspirator of engaging the sharp
shooter Anand Tiwari and Vinod Sharma in
the aforesaid murders and thus a terror is prevalent in the mind of the
citizens to conceive with the threat given by the individual holding the high
profile posts in the ruling party of the Government.
11.
That the incidence of the involvement of the sitting M.L.A. of
Ruling BSP namely Mr. Sahnawaj Rana and his associates in out razing the
modesty of the two girls and attempt to rape them in the broad day incident
happened in public gaze, who were travelling in the car coming from Missouri to
New Delhi with their Cousin at Muzaffarnagar
at National High way -58 putting another type of terror stricken atmosphere to
the innocent citizen. Subsequent event of suspension of the sitting MLA from
his membership of BSP is only the eye wash to the Public Sentiments in criminal
state sponsor atmosphere in the State of Uttar Pradesh.
12.
That trapping of such individuals is being done from whom the
money can be extracted from them in the power politics nexus and as such the
petitioners have become the soft corner to the agents of private respondent
no.3, who were posing to have been posted at a very high ranking in the offices
of the State Government.
13.
That the respondent no. 3 namely Mr. Rajveer Singh, according to
the information given by his associates having now being escorted on the basis of police power and from the
information gathered by the petitioners,
is admittedly the Vice President of Uttar Pradesh Sahkari Gramodyogik Vastu
Utpadan Avam Vipdan Sangh, Lucknow. Similarly his associates Mr. Pramod Kumar is the president of Uttar Pradesh Motor Transport Cooperative
Federation Ltd having his registered Head-Office at 82, Vibhuti Khand, Gomti
Nagar, Lucknow, while his regional office is situated at Mahabir Chowk, at Muzaffarnagar. One Rajiv Mishra is main conspirator of respondent No. 3 and is
associates in some federation, which is a registered society under the
provisions of U.P. Cooperative Societies Act, 1965 and a certificate to this
effect has also bee issued under section 8 (1) of the aforesaid Act No. 11 of
1966. The true copy of the bye-laws and registration certificate of aforesaid
cooperative society is being filed herewith and marked as Annexure no.1
to this writ petition.
14.
That the assurance was given for public employment through the
employees namely Mr. Anoop Srivastava And One Mr. M. U. Khan, having close affiliations with
respondent No. 3 , who were the king pin for giving appointments in the Civil
Secretariat of Uttar Pradesh under the Ministry of Homes and is therefore
having his hold to get the passes issued to the vehicles fro ingress and out
egress inside Civil Secretariat on account of influence exercised upon Respondent
no.1 and 2.
15.
That there is another unit namely Uttar Pradesh Industrial and
Residential Corporation Ltd, which has got the different schemes of Small Unit
Industrial setup being organized having nomenclature of manufacturing and
cooperative marketing and joint marketing schemes. The Chief Minister in the
State of Uttar Pradesh Sushri Mayawati was proposed to award the prize under “Kanshiram
Small Unit Industrial Award Scheme”, which were attended by respondent no.3 along
with his other associates and number of the innocent farmers in order to
demonstrate the proximity of their closeness with Hon’ble Chief Minister in the
State of Uttar Pradesh. The true copy of the project identity of Uttar Pradesh
Industrial and Residential Corporation Ltd is being filed here with and marked
as Annexure no.2 to this writ petition.
16.
That there has been also a registered society namely Uttar Pradesh
Sachivalaya Seva Sidhi Bharti Sangh, which is a representative body and is a
powerful authority to exert the pressure upon the Principal Secretary of
administration of secretariat in the State of Uttar Pradesh. The true photo
copy of letter-pad of society namely Uttar Pradesh Sachivalaya Seva Sidhi
Bharti Sangh is being filed herewith and marked as Annexure no.3
to this writ petition.
17.
That in order to procure the money from the innocent farmers, all
these documents were shown to the farmers of Northern Uttar Pradesh including District
Ghaziabad, Meerut, Muzaffarnagar, Bijnor, Moradabad, Amroha and Kushinagar, who
were having the money power on account of the facts, that land of these farmers
are acquired by the Government and compensation amount has been given to them
in proceeding to the said land
acquisitions by the State Government.
18.
That some of the farmers have also sold their land by looking into
the fact that they will be getting the high status in the society, which they
are not getting at present moment due to draught and other natural calamities
prevalent due to soil erosion, global warming, ecological misbalance , cutting
of the farming animals and plantation to maintain an equilibrium for creating
an atmosphere of three main seasons.
19.
That the petitioners are the victim of the said conspiracy as
their land was acquired and about 12000 square meters of land was sold to the
builder VXL Sri Paramjeet Singh in the tune of Rs. 98,10,000/-, out of which 70 lacks were recorded as unpaid
money as dues lying against the aforesaid builder, which is the money procured
by the petitioners and the same has been
misappropriated by the agents of the respondent No. 3.
20.
That on account of the political nexus of respondent no. 3, the
money lying with builder was procured and thereafter an incentive was given to
the petitioner no.1 by giving an assurance
of an certificate by his Associate Namely Mr. Pramod Kumar appointing him as Vice President of Uttar
Pradesh Motor Transport Cooperative Federation Ltd. It is alleged by respondent
no.3 that post of Vice President is equivalent to the post of Deputy Minister
in the State Government and as such the petitioner shall be entitled to use
‘Red Light’ upon his vehicle and a gunner will be provided for his security,
which was given to him in intervening period of organizing the Birth Day
Ceremony Of Hon’ble Chief Minister.
21.
That before the said meeting a certificate was issued by the
President of aforesaid Uttar Pradesh Motor Transport Cooperative Federation Ltd
by Mr. Pramod Kumar, by appointing the petitioner no.1 as Vice President
unanimously. An assurance was given that all the facilities available to the
Deputy Minister in the State Government shall also be available on account this
assignment given to the petitioner. The certificate to this effect was issued
to the petitioner no.1 on 14.01.2011. The true copy of the certificate issued
to the petitioner no.1 on 14.01.2011 is being filed herewith and marked as Annexure
no.4 to this writ petition.
22.
That the aforesaid money was realized in a preplanned conspiracy
hatched by respondent no.3 and his associates posing themselves to be closely
associated with the political nexus of the present political setup and numbers
of the persons of high profile ranking were also invited on the occasion of meeting
conducted of Uttar Pradesh Motor Transport Cooperative Federation Ltd. The
Photographs pertaining to the meeting having participation of high profile
ranking in the State of Uttar Pradesh conducted at Vibhuti Khand, Gomti Nagar,
Lucknow is being filed herewith and marked as Annexure no.5 to
this writ petition.
23.
That on the birth day of Bahan Sushri Mayawati, on 15.1.2011 , the
cake of 55 K.G. was brought in anticipation of attending the function by
Hon’ble the Chief Minister as per the commitment given by the respondent no. 3
and assured that the prize distribution ceremony be held by Hon’ble the Chief
Minister on her Birth Day. Thus the
blankets were distributed to the poor persons in the aforesaid meeting by the
petitioner No. 1 along with respondent No.3 on being instigated to do so to
create the good will in political Circle on instigations of the agent of
respondent No. 3 namely Mr. Pramod Kumar And Mr. Anil Mishra alleging him to be
General Secretary of Uttar Pradesh Motor Transport Cooperative Federation Ltd.
The Photographs having distribution of blanket to the poor persons in the
meeting so conducted at Vibhuti Khand, Gomti Nagar, Lucknow is being filed
herewith and marked as Annexure no.6 to this writ petition.
24.
That at the sudden all the dreams, which were shown to the
petitioner no.1 have been blown to the ashes as the information to the effect
of lodging a complaint by respondent no.3 against his close associates named
above, on account of the reason that the money procured in such a fraudulent
representations, the adequate share had not been given by his associates. The
incident were published in the newspapers, in which it has been disclosed that
respondent No. 3 got his other associates being arrested by respondent no.4, one from District
Kushi Nagar and another from District Lucknow. The photo copy of the news item
published pertaining to ‘Red Light Scandal’ in Dainik Jagran and Hindustan
dated 10.05.2011 are filed herewith and marked as Annexure no.7 and 8 to this writ petition.
25.
That the respondent No. 3 has been remained the main culprit of giving the incentives to
the innocent farmers including the petitioners. Now on the basis of the
affidavit given by the main conspirator of conducting the Birth Day Celebration
of Bahan Sushri Mayawati on 15th January 2011, the respondent no. 1
only on account of respondent No. 3, who had cheated the petitioners and other
farmers are adopting the coercive method against the associates of Respondent
No. 3, by relying upon his statement that his Blank letter pads have been
issued by his associates, The raid was provided at the residence of other
farmers and the agents of respondent No. 3 and 4 are having a search being made
at the residence to arrest the petitioners and destroy the evidence having
involvement of respondent no. 3 along with his associates.
26.
That apart from the respondent No. 3, Mr. Rajeev Mishra and Mr. Anoop
Srivastava, the names of Mr. M.U. Khan, Mr.
Anil Chaudhary, Mr. Pramod Kumar, Mr. Vikas
Sharma and other individual operating in the aforesaid “ Birth Day Celebration of Bahan Mayawati”
having creation of another Scam of ‘Red Light Scandal’, Which have come to the notice of innocent farmers,
who have been cheated by the respondent No. 3. The petitioners have only become
conversant after looking in the report published in the newspapers, which is
the only source of information gathered by the citizens in consonance with
their fundamental rights guaranteed under Article 19 (1) (a) of the
Constitution of India. Thus the report published in the newspapers are the
vital peace of evidence to the citizen in absence of autoerotic publication by
State Government, which may be taken
note for making out a prima facie case against the conspiracy hatched by the
private respondent No. 3 against the
petitioners.
27.
That even the web site has been created in order to befool the
peoples having web side wwwupmps.org. as the citizens may be beloved of its
being created of State of Uttar Pradesh for providing the big assignment to the
people whom the trust may be reposed by their agents befooling the public under
the garb of providing a rank of Deputy Minister in the State Government.
28.
That the petitioners were given assurance that the names of
petitioners will be in the preference to the other citizens on account of their
status when the petitioner no.1 may be invited to contest the election of
Member of Legislative Assembly in the forthcoming election with the ticket of
Bahujan Samaj Party in the State of Uttar Pradesh.
29.
That it is also assured, that the land acquired by the Government
shall also be handed over after getting the assignment to the high profile
ranking equivalent to the Deputy Minister rank. The atmosphere was also created
by organizing seminar and distribution of blankets at the cost of the
petitioners in order to mould the sympathy of the ruling party running the State
Government and as such an huge amount of Rs. 55. 3 Lacks was procured from the
petitioners.
30.
That according to the report published in the newspapers the
accounts of all the six accused persons said to have been arrested or likely to
be arrested, whose names have been shown in the news item, it has been
disclosed that disproportionate amount to their known source of income in the
said bank account of accused persons. The petitioners may be permitted to place
convincing evidence in order to demonstrate the truthfulment of their statement
as they have been deceived by respondent No. 3 and his associates. The money
incurred was obtained after the withdrawing the amount from the accounts of
the petitioners bearing account no.92815 lying in Punjab National Bank, Ghaziabad and
Cooperative Citizen Bank . Ghaziabad
31.
That the petitioners approached the respondent no.2 and they have
been directed to make a contact with respondent no.4. However, instead of
providing any assistance for restitution of the rights for providing the money
cheated by the respondent No. 3 and his associates which is amenable to the petitioners, the officials of
respondent no.4 have started interrogation of petitioners as the petitioners
are themselves accounted for as the associates of these accused persons. They
were directed to produce all such clinching evidence as to become accomplish to
the crime committed by respondent no. 3.
32.
That threatening were started by the agents of these six persons
by sending the miscreants posing themselves as the sharp shooter, who were
accompanied with weapons and appears to be closely associated with the
respondent No. 3, in case of any retaliation shown by the exposure of the truth
before any subordinate authority under the State Government. This is being done
as the publicity regarding the involvement of ruling party may not be exposed
to other citizens in the “Birth Day Ceremony Celebrations of Bahan Sushri
Mayawati Money Scandal” and assurance given in the alleged ‘Red Light Scandal’.
33.
That there was no occasion for initiating the criminal proceedings
on the instruction issued by respondent
No. 3 alleging the use of letter pad and his signature and on the basis of the
instruction issued by Sri Kunwar Fateh Bahadur Principal Secretary Homes,
Secretariat of U.P., the STF of
Muzaffarnagar range working under the
respondent No 4 has been directed to get the matter investigated and to arrest
the individual by giving a clear cut escape to the organizer “Birth Day
Celebrations of Bahan Sushri Mayawati” namely to the respondent No. 3 . Thus no
other remedy is available except to seek protection of fundamental rights
guaranteed to the petitioner and to get the matter investigated by the
respondent No. 5.
34.
That under these circumstances the petitioners is seeking
protection firstly from the police power and secondly from the politically
affiliated strong power hold individuals threatening to the petitioners to
suffer the dire consequences, in case of
exposure of the truth shall be exposed to the public. The same may further
complicate the issue of unlawful procurement of the money by the officials in
ruling party of the Government including the President and Secretary of private
cooperative societies running under political patronage of the State
Government.
35.
That it is prayed that respondent no. 1, 2 and 4 may be restrained
from using any coercive measurement by making the arrest of petitioners on the
basis of the application/affidavit given by the respondent No. 3 to the
respondent No. 1 and even otherwise without having any cogent material
regarding involvement of petitioners procuring money in the aforesaid ‘Red
Light Scandal’. The money lying in the accounts of accused persons amounting to
Rs. 55.3 Lacks in the “Birth Day Celebrations of Bahan Sushri Mayawati” may
also be divested to the accounts of petitioners as the same has been obtained
under duress, deceitful manner and compulsion of the circumstances.
That it is further prayed that
matter may be directed to be investigated by the independent agencies in
respect of involvement of persons occupying the high position in the State
Government and having their close affinity with the ruling political setup in
the State Government. The respondent No. 5 , Central Bureau of Investigation
agency may be directed to conduct the independent enquiry in the matter and
furnish the report
of said enquiry to this Hon’ble Court otherwise the petitioners shall suffer
irreparable loss and injury.
37. That there
is the urgency in the matter on account of the apprehension of arrest of the
petitioners by respondent. No.4 without being their involvement in alleged
crime. Thus the matter be taken during the summer vacation before this Hon’ble
Court.
38. That the
petitioner has got no other equally effective and speedy alternative remedy
except to approach this Hon’ble Court by invoking its extra-ordinary writ
jurisdiction under Article 226 of the Constitution of India, inter-alia on the
following amongst other grounds:
G R
O U N D S
i.
Because, the writ petition filed by the petitioner for protection
of fundamental rights guaranteed to the petitioners under Article 21, 22 and
protection of property right guaranteed under Article 300-A of the Constitution
of India against the atrocities and oppression committed by the Police Force
due to the political pressure of ruling political party on the behest of
authorities of State Government in the matter pertaining to the incidence of
“Birth Day Celebrations of Bahan Sushri Mayawati” and consequential ‘Red Light Scandal’.
ii.
Because, there was no occasion for initiating the criminal
proceedings on the instruction issued by
respondent No. 3 alleging the use of letter pad and his signature and on
the basis of the instruction issued by
Sri kunwar Fateh Bahadur
Principal Secretary Homes, Secretariat of
U.P., the STF of Muzaffarnagar
range working under the respondent No 4 has been directed
to get the matter investigated and to arrest the individual by giving a
clear cut escape to the organizer “Birth Day Celebrations of Bahan Sushri
Mayawati” namely to the respondent No. 3 . Thus no other remedy is available
except to seek protection of fundamental rights guaranteed to the petitioner
and to get the matter investigated by the respondent No. 5.
iii.
Because, it has become a
fashion to facilitate Bahan Km. Mayayati Hon’ble Chief Minister of Uttar Pradesh with garlands
having the currency notes of Rs. 1000/- on her birth day celebrations as the
person aspirants to become constitutional
functionaries may get an
opportune to please their political master by cutting the celebrations Birth
Day cake and distributions of the
blankets and swing machines by giving the assurance to the soft corner to get
some favorable assignment in the lucrative offices of the state
Government.
iv.
Because, the petitioners
are seeking protection against the high handedness and atrocities committed
upon them by extracting an exorbitant amount of Rs. 55.3 Lacks, out of which the expenditure Rs. 2
Lacks is being incurred in getting the ceremonial functioning’s expenditure
being procured from them in cash money
by demonstrating the position by the respondent no. 3 for getting the
celebration of birth Ceremony festival Of Bahan Km. Mayayati on 15th
January 2011 and other expenditure in distribution of 150 blankets costing Rs.
120 each and 28 swing Machines costing about Rs.4000/- from them, costing another expenditure of money of Rs.
1,30,000/- as compensation amount was
lying in the accounts of petitioner no. 2 of land acquired by Acquisition
Authorities by trapping through allurement of providing them a high position of
the Deputy Minister rank in the Government and other accessories in a
preplanned conspiracy hatched by respondent No. 3 and his other associates.
v.
Because, the oppression of
the Police Force deployed by respondent no.1 and 2 through its State Task Force
under respondent no.4, instead of reimbursement of money procured in the
deceitful manner by the private respondent No. 3, is sought to have been
avoided till no reliable evidence in the matter pertaining to the incidence of
“Birth Day Celebrations of Bahan Sushri Mayawati” and consequential ‘Red Light Scandal’ may not be highlighted
against the petitioners by the respondents No. 4 and 5 , the protection for unlawful
arrest has also been sought from this Hon’ble Court.
vi.
Because,
the citizens in the State of Uttar Pradesh that there has always been
the demand of exorbitant money by the ruling political set up in the State of
Uttar Pradesh. It is also undisputed fact that ordinary person with the help of
the money power can procure the high position of rank of Deputy Minister
through the deceive of the persons, having affiliations to the political
persons in the present political set up in the State of Uttar Pradesh.
vii.
Because, in District
Auraiya in which on account of providing resentment to the demand made by
sitting Member of Legislative Assembly namely Mr. Shekhar Tiwari M.L.A. of
Bahujan Samaj Party the Executive Engineer Mr. Manoj Gupta was murdered in
gruesome manner as a preplanned conspiracy, in which there has been active
participation of police force for eliminating the evidence of the murder of
Executive Engineer. However, on account of publicity of the matter in the
newspapers by the rival group of political power the prosecution was started
and conviction has been done to the sitting Member of Legislative Assembly of
ruling political party and also of his wife for wiping out the existing
evidence from the scene of murder in connivance of police personal of the said
District.
viii.
Because, there has been
number of the incidents like day light murder of Dr. V. P. Singh, Chief Medical Officer family welfare at
Lucknow and Dr. Vinod Arya another Chief Medical Officer and thereafter the
story concocted of committing suicide by Dr. Y. S. Sachan, Deputy Chief Medical
Officer, an accuse of misappropriation of Government Money, who remained the
main accused and conspirator of engaging the sharp shooter Anand Tiwari and
Vinod Sharma in the aforesaid murders
and thus a terror is prevalent in the mind of the citizens to conceive with the
threat given by the individual holding the high profile posts in the ruling
party of the Government.
ix. Because, the incidence of the involvement of
the sitting M.L.A. of Ruling BSP namely Mr. Sahnawaj Rana and his associates in
out razing the modesty of the two girls and attempt to rape them in the broad
day incident happened in public gaze, who were
travelling in the car coming from Missouri to New Delhi with their Cousin at Muzaffarnagar at
National High way 58 putting another type of terror stricken atmosphere to the
innocent citizen. Subsequent event of suspension of the sitting MLA from his
membership of BSP is only the eye wash to the Public Sentiments in criminal
state sponsor atmosphere in the State of Uttar Pradesh.
x.
Because, the respondent no.
3 namely Mr. Rajveer Singh, according to the information given by his
associates having now being escorted on
the basis of police power and from the information gathered by the petitioners, is admittedly
the Vice President of Uttar Pradesh Sahkari Gramodyogik Vastu Utpadan Avam
Vipdan Sangh, Lucknow. Similarly his associates pramod kumar is the president of Uttar Pradesh Motor Transport Cooperative
Federation Ltd having his registered Head-Office at 82, Vibhuti Khand, Gomti
Nagar, Lucknow, while his regional office is situated at Mahabir Chowk, at Muzaffarnagar. One Rajiv Mishra is main conspirator of respondent No. 3 and
is associates in some federation, which is a registered society under the
provisions of U.P. Cooperative Societies Act, 1965 and a certificate to this
effect has also bee issued under section 8 (1) of the aforesaid Act No. 11 of
1966.
xi.
Because, there is another
unit namely Uttar Pradesh Industrial and Residential Corporation Ltd, which has
got the different schemes of Small Unit Industrial setup being organized having
nomenclature of manufacturing and cooperative marketing and joint marketing schemes.
The Chief Minister in the State of Uttar Pradesh Sushri Mayawati was proposed
to award the prize under “Kanshiram Small Unit Industrial Award Scheme”, which
were attended by respondent no.3 along with his other associates and number of
the innocent farmers in order to demonstrate the proximity of their closeness
with Hon’ble Chief Minister in the State of Uttar Pradesh.
xii.
Because, in order to procure the money from the innocent farmers,
all these documents were shown to the farmers of Northern Uttar Pradesh
including District Ghaziabad, Meerut, Muzaffarnagar, Bijnor, Moradabad, Amroha
and Kushinagar, who were having the money power on account of the facts, that
land of these farmers are acquired by the Government and compensation amount
has been given to them in proceeding to
the said land acquisitions by the State Government.
xiii.
Because, the farmers have
also sold their land by looking into the fact that they will be getting the
high status in the society, which they are not getting at present moment due to
draught and other natural calamities prevalent due to soil erosion, global
warming, ecological misbalance , cutting of the farming animals and plantation
to maintain an equilibrium for creating an atmosphere of three main seasons.
xiv.
Because, the petitioners
are the victim of the said conspiracy as their land was acquired and about
12000 square meters of land was sold to the builder VXL Sri Paramjeet Singh in
the tune of Rs. 98,10,000/-, out of
which 70 lacks were recorded as unpaid money as dues lying against the
aforesaid builder, which is the money procured by the petitioners and the
same has been misappropriated by the
agents of the respondent No. 3.
xv.
Because, on account of the political nexus of
respondent no. 3, the money lying with builder was procured and thereafter an
incentive was given to the petitioner no.1 by giving an assurance of an certificate by his Associate
Namely Mr. Pramod Kumar appointing him
as Vice President of Uttar Pradesh Motor Transport Cooperative Federation Ltd.
It is alleged by respondent no.3 that post of Vice President is equivalent to
the post of Deputy Minister in the State Government and as such the petitioner
shall be entitled to use ‘Red Light’ upon his vehicle and a gunner will be
provided for his security, which was given to him in intervening period of
organizing the Birth Day Ceremony Of Hon’ble Chief Minister.
xvi.
Because, the aforesaid money was realized in a
preplanned conspiracy hatched by respondent no.3 and his associates posing
themselves to be closely associated with the political nexus of the present
political setup and numbers of the persons of high profile ranking were also
invited on the occasion of meeting conducted of Uttar Pradesh Motor Transport
Cooperative Federation Ltd.
xvii.
Because, on the birth day
of Bahan Sushri Mayawati, on 15.1.2011 ,
the cake of 55 K.G. was brought in anticipation of attending the function by
Hon’ble the Chief Minister as per the commitment given by the respondent no. 3
and assured that the blankets were distributed to the poor persons in the
aforesaid meeting by the petitioner No. 1 along with respondent No.3 on being
instigated to do so to create the good will in political Circle on instigations
of the agent of respondent No. 3 namely Mr. Pramod Kumar And Mr. Anil Mishra
alleging him to be General Secretary of Uttar Pradesh Motor Transport
Cooperative Federation Ltd.
xviii.
Because, before
the said meeting a certificate was issued by the President of aforesaid
Uttar Pradesh Motor Transport Cooperative Federation Ltd by Mr. Pramod Kumar ,
by appointing the petitioner no.1 as
Vice President unanimously. An assurance was given that all the facilities
available to the Deputy Minister in the State Government shall also be
available on account this assignment given to the petitioner.
xix.
Because, at the sudden all
the dreams, which were shown to the petitioner no.1 have been blown to the
ashes as the information to the effect of lodging a complaint by respondent
no.3 against his close associates named above, on account of the reason that
the money procured in such a fraudulent representations, the adequate share had
not been given by his associates. The incident were published in the
newspapers, in which it has been disclosed that respondent No. 3 got his other
associates being arrested by respondent
no.4, one from District Kushi Nagar and another from District Lucknow.
xx.
Because, the respondent No.
3 has been remained the main culprit of
giving the incentives to the innocent farmers including the petitioners. Now on
the basis of the affidavit given by the main conspirator of conducting the
Birth Day Celebration of Bahan Sushri Mayawati on 15th January 2011,
the respondent no. 1 only on account of respondent No. 3, who had cheated the
petitioners and other farmers are adopting the coercive method against the
associates of Respondent No. 3, by relying upon his statement that his Blank
letter pads have been issued by his associates, The raid was provided at the
residence of other farmers and the agents of respondent No. 3 and 4 are having
a search being made at the residence to arrest the petitioners and destroy the
evidence having involvement of respondent no. 3 along with his associates.
xxi.
Because, apart from the
respondent No. 3, Mr. Rajeev Mishra and Mr. Anoop Srivastava, the names of
Mr. M.U. Khan, Mr. Anil Chaudhary, Mr.
Pramod Kumar, Mr. Vikas Sharma and other
individual operating in the aforesaid “
Birth Day Celebration of Bahan Mayawati” having creation of another Scam of
‘Red Light Scandal’, Which have come to
the notice of innocent farmers, who have been cheated by the respondent No. 3.
The petitioners have only become conversant after looking in the report
published in the newspapers, which is the only source of information gathered
by the citizens in consonance with their fundamental rights guaranteed under
Article 19 (1) (a) of the Constitution of India. Thus the report published in
the newspapers are the vital peace of evidence to the citizen in absence of
autoerotic publication by State Government, which may be taken note for making out a prima facie
case against the conspiracy hatched by the private respondent No. 3 against the petitioners.
xxii.
Because, the report
published in the newspapers the accounts of all the six accused persons said to
have been arrested or likely to be arrested, whose names have been shown in the
news item, it has been disclosed that disproportionate amount to their known
source of income in the said bank account of accused persons. The petitioners
may be permitted to place convincing evidence in order to demonstrate the
truthfulment of their statement as they have been deceived by respondent No. 3
and his associates. The money incurred was obtained after the withdrawing the amount from the accounts of
the petitioners bearing account no.92815
lying in Punjab National Bank, Ghaziabad and Cooperative Citizen Bank .
Ghaziabad.
xxiii.
Because, the petitioners
approached the respondent no.2 and they have been directed to make a contact
with respondent no.4. However, instead of providing any assistance for
restitution of the rights for providing the money cheated by the respondent No.
3 and his associates which is amenable to the petitioners, the officials of
respondent no.4 have started interrogation of petitioners as the petitioners
are themselves accounted for as the associates of these accused persons. They
were directed to produce all such clinching evidence as to become accomplish to
the crime committed by respondent no. 3.
xxiv.
Because, threatening were
started by the agents of these six persons by sending the miscreants posing
themselves as the sharp shooter, who were accompanied with weapons and appears
to be closely associated with the respondent No. 3, in case of any retaliation
shown by the exposure of the truth before any subordinate authority under the
State Government. This is being done as the publicity regarding the involvement
of ruling party may not be exposed to other citizens in the “Birth Day Ceremony
Celebrations Of Bahan Sushri Mayawati Money Scandal” and assurance given in the
alleged ‘Red Light Scandal’.
P R A Y E R
It is, therefore, most respectfully
prayed that this Hon’ble Court may graciously be pleased to: -
(i)
Issue a writ, order or direction in the nature of mandamus directing
and the restraining to the respondent No. 4 from using any coercive measurement
by making the arrest of petitioners on the basis of the application/affidavit
given by the respondent No. 3 to the respondent No. 1 without having any cogent
material regarding involvement of petitioners procuring money in the aforesaid
“Birth Day Celebrations of Bahan Sushri Mayawati” and there by the ‘Red Light
Scandal’.
(ii)
Issue a writ, order or direction in the nature
of mandamus directing the respondent No. 1 commanding him that the unaccounted
for money lying in the accounts of accused persons having association with
respondent No. 3 involved in procuring the money in ‘Red Light Scandal’ in the
tune of Rs. 55.3 Lacks incurred by the petitioners on the instigation of
respondent No. 3 and his agents for conducting “Birth Day Celebrations of Bahan Sushri
Mayawati” be divested to the accounts of petitioners as the same has been
obtained under duress, deceitful manner and compulsion of the circumstances
from the innocent petitioners.
(iii)
Issue a writ, order or direction in the nature of mandamus
directing the Respondent No.5,Central Bureau of Investigation agency to conduct
the independent enquiry in the matter the aforesaid “Birth Day Celebrations of
Bahan Sushri Mayawati” and ‘Red Light
Scandal’ and furnish the report of said
enquiry to this Hon’ble Court or to issue some other direction in the interest
of justice.
(iv)
issue any other suitable order or direction, which this Hon’ble
Court may deem fit and proper in the facts and circumstances of the case.
(v)
To award the cost of the writ petition in favour of the
petitioners.
Dt/- 27.6.2011 ( YOGESH KUMAR SAXENA )
Advocate
Counsel for the
Petitioners
Chamber no. 139, High Court,
Allahabad
IN THE HON’BLE HIGH COURT OF
JUDICATURE AT ALLAHABAD
ANNEXURE NO.
IN
CIVIL MISC. WRIT PETITION NO.
OF 2011
(Under Article 226
of the Constitution of India)
(DISTRICT – GHAZIABAD)
Sachin Tyagi and another-------------------------------Petitioners
Versus
State of Uttar Pradesh and others----------------------Respondents
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