[49 Cases 'Wrongly' Imposed On A Man] "State's Heavy-Handed Exercise Of Powers Calls For Court's Interference": Allahabad HC

Dealing with a case related to a man against whom 49 cases were registered by the Uttar Pradesh Police over a span of 23 years, the Allahabad High Court on Monday observed that the state's heavy-handed exercise of powers resulting unforeseen situations which comprehend mischief to lives calls for interference of the Court.

Observing that it is not expected from the U.P. Police, the Bench of Justice Vivek Kumar Singh had, last month, noted that such callous action cannot be imagined from the officers of the disciplined force.

In the previous hearing, the Court had also observed that it failed to understand the working of the Police of the concerned police station and how the cases said to have been wrongly imposed on a person that too not once, it happened repeatedly in the present case.

Read more about the case here: [49 Criminal Cases 'Wrongly' Imposed On A Man In 23 Yrs] "Not Expected From UP Police": Allahabad HC Summons DGP

Importantly, in the last hearing of the case, the Court had also sought for the presence of the Director-General of Police, Uttar Pradesh before the Court, however, on Monday (the due date of hearing) his exemption was sought on the ground of assignment with Hon'ble Prime Minister's visit at Varanasi

Further, it was also submitted by the Addl. Advocate General that an erroneous chart of cases had been presented by the applicant before the Court that it does not bring forth the real picture.

On Monday, at the outset, the Bench of Justice Vivek Kumar Singh observed thus:

"State functions as a safeguard of citizens on all fronts, thus, heavy handed exercise of powers resulting unforeseen situations which comprehend mischief to lives call for interference of the Court. This Court discerns it difficult eschewing from considering such circumstance."

The Court further said that mentioning the status of a few cases in the chart as untrue does not render the applicant's implication justified after imposing costs by Human Rights Commission against the police.

However, the Court did note that the counsel for the applicant prior to placing any material before the Court, should have gone through its uprightness. As prayed, the counsel for the applicant was granted time to file a reply to the affidavit of compliance filed by the State.

Posting the matter for further hearing on January 5, 2022, in the additional cause list, the Court directed the Senior Superintendent of Police, Muzaffar Nagar to appear on the next date along with the records of the case.

Case title - Gaurav @ Gaura v. State of U.P.

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