'Azadi-Ka-Amrit Mahotsav' Relates To Citizens' Welfare But Police Administration Feels More Comfortable To Remain With Colonial Structure: Allahabad HC

"Since 75th Independence Day Celebrations, Government has marked Azadi-ka-Amrit Mahotsav terming it to be 'Amrit Kaal' with prospective vision in the welfare of citizens of the country, however, Police Administration feels more comfortable to remain with colonial structure," the Allahabad High Court observed recently while taking exception to a counter affidavit filed by the state in an anticipatory bail plea stating that the applicant is of criminal intent.

The bench of Justice Manju Rani Chauhan also took to task the deponent of the counter affidavit (Deputy Superintendent of Police/ Circle Officer, Sahawar, District Kasganj) by observing that the officer believed himself to be empowered with sanction to author a certificate of the propensity of a person without any cogent material.

"A bare reading of the averments in counter affidavit whereby the applicant is said to be of criminal intent appears to be on the basis of skewed information. No such officer is allowed to enjoy impunity on the pretext of discharging official functioning nor can be set free to form an audacious remark without any basis," the bench observed.

The Court also found faults with Government Counsel I.P.S. Rajpoot, AGA-I who drafted the affidavit as he did not hesitate in proving the applicant to be of criminal mind without adducing any substance in support thereof.

Consequently, the Court sought a personal affidavit of the deponent of the counter affidavit (Shailendra Singh, Deputy Superintendent of Police/ Circle Officer, Sahawar, District Kasganj), within ten days, as to what was in his possession for making the statement in question and to remain present before the Court on the said date along with the record of the case. 

The Court also directed the AGA to remain present before this Court on the next date fixed to explain his conduct of dictating counter affidavit in such an irresponsible manner.

Essentially, the Court was dealing with an anticipatory bail plea filed by one Chantara in connection with offences under Sections 498A, 304-B, 201 IPC and 3/4 D.P. Act. On September 9, 2020, she was granted interim protection allowing two weeks' time for the State to file a counter affidavit.

Now, when the counter affidavit filed by the state was perused by the Court, it noted that the same was filed in a cavalier manner and the same was also bereft of any cogent or coherent factual and legal foundation.

The basis of the Court's observation was primarily paragraph 10 of the counter affidavit wherein it was stated that 'लेकिन प्रार्थनी आपराधिक प्रवृति की महिला है' (But the applicant is a woman of criminal nature). The Court noted that the said statement was made without annexing any document.

"Remaining reply in the entire counter affidavit rests on denial to each fact mentioned in the anticipatory bail application. Contents of counter affidavit reflects the impetuousness of Government Counsel as well as the deponent where each fact is negated sans due care constricting the role of the applicant as per their whims. This Court cannot turn a blind eye to such imprecise conduct of the deponent as well as learned Government Counsel brought in the counter affidavit," the Court added as it took serious note of the conduct of the AGA as well as the deponent.

The Court further observed that the reply appeared to be a transcription of parawise narratives sent by the concerned department, wherein, though most of the paragraphs were sworn to be verified on the basis of the record, however, nothing was brought on record in support thereof.

In this regard, the Court made the following strong observation

"Since 75th Independence Day Celebrations, Government has marked Azadi-ka-Amrit Mahotsav terming it to be 'Amrit Kaal' with prospective vision in welfare of citizens of the country, however, Police Administration feels more comfortable to remain with colonial structure. Such attitude of functionaries who are instrumental to safeguard the public at large diminishes the ingrained belief over the System and plays a role in impeding the goal set out to ascend to new heights of prosperity."

Further noting that the averments in the counter affidavit were made on the basis of skewed information, the Court stressed that it is the prime duty of the A.G.A. also who drafts counter affidavit to acquire the material relying on which the averments being made in the counter affidavit.

Consequently, issuing directions to the AGA as well as the deponent, the Court posted the matter for further hearing on February 21, 2023.

Advocate Ajay Kumar Vashistha appeared for the applicant.

Case title - Chantara vs. State of U.P.

Case Citation: 2023 LiveLaw (AB) 55

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