Allahabad HC Sets Aside Afzal Ansari's Conviction, Allows Him to Continue as MP
A bench of Justice MM Sundresh and Justice Aravind Kumar passed the order that stated, “We request Shri Vikram Chand Goyal, Former DGP, 1975 UP and Mr. Kamlendra Prasad, Former DGP, 1981 UP to make an independent investigation on the prevailing situation and file a status report before this Court so as to enable us to proceed further in this case.''
Per contrary, the Respondent's counsel appearing for the state has contended, "there is no untoward incident and normalcy is prevailing."
The Petitioner filed a status report as follows:
“Chargesheet dated 20.08.17 was filed. No arrests was made. In the chargesheet, 6 out of 7 accused persons were given a clean chit by the Haryana Police and they were not made accused persons. The complaint to the police by the Dalit victims was signed by 28 victims but the police made one person as a PW. This person selected by the police is shown as giving a 161 statement to the police, which was virtually blank and makes no mention of the social boycott. Further 4 members of the dominant community who were hostile to the dalits were made Pws. Not a single-scheduled caste certificate of the 28 victims who had made the complaint of social boycott was taken by the police and submitted in court along with the chargesheet. The videos given to the police by the victim community showing the call of the social boycott by the dominant community in a public meeting was not mentioned in the chargesheet or produced in court. Sanction for prosecution under 153A and 505 IPC not taken by the police. Only after objection was taken by the 4 complainants was sanction taken belatedly. Trial yet to begin.”
The court has directed that the status report shall be reported within 3 months and that the report shall indicate not only the present situation but also if any measures are to be taken if necessary.
The bench has also clarified that there is no bar for the pending trial to proceed and has listed the matter after 3 months.
Case Title: Jai Bhagwan & Ors. v. The State of Haryana & Ors., WP(Criminal)/293/2019.
Advocate for Petitioner(s): AOR Nikhil Jain, Sr. Adv. Colin Gonsalves & Ors.
Advocate for Respondent(s): AOR Akshay Amritanshu, Adv. Samyak Jain & Ors.
Law Student