"Be Cautious In Passing Orders Of Such A Nature" Allahabad High Court Tells UP Govt. As It Decides To Drop 'Exorbitant' Bond Notices To Farmers

The Additional Advocate General for the State of U.P. stated before the Bench of Justice Rajeev Singh and Justice Ramesh Sinha that the proceedings against all the persons have been dropped, "as there is no further apprehension to breach of peace or disturbance of public tranquility".

It may be noted that last week, the Allahabad High Court had asked the Uttar Pradesh authorities to explain as to why Sub-Divisional Magistrates issued notices to farmers with tractors to furnish 'exorbitant personal bonds' in the wake of farmers protests.

A division bench of Justices Ramesh Singha and Rajeev Singh had passed the order in a PIL filed challenging the notices issued under Section 111 of the Code of Criminal Procedure on January 19 asking farmers to furnish personal bond in the range of Rs 50,000 to Rupees 10 lakhs and two sureties for the like amount citing apprehension of breach of law and order amid farmers protests.

Interestingly¸ the Court on Tuesday noted that when a query was made from Additional Advocate General for the reason for issuing notice for filing personal bond and two sureties, he could not justify the act of the Sub-Divisional Magistrates (SDM) of various divisions working under the District Magistrate, Sitapur calling upon, through the impugned notice, the farmers owing tractors for furnishing personal bond and two sureties of such executed amount.

Further, he stated before the Court that the matter be disposed of (as the proceedings have been dropped) and he also assured that he shall instruct the District Magistrate Sitapur-respondent No.2 to be careful in future while any such proceedings are initiated so that no unnecessary harassment is caused to any person and further to instruct the SDMs working under him.

To this, the Court remarked,

"In view of the above statement made by Additional Advocate General, we hope and trust that the respondent No.2-District Magistrate Sitapur and the SDMs working under him shall be cautious in passing orders in any proceedings of such a nature calling upon the persons to execute personal bond and sureties and their orders, act and conduct should not be such which reflects arbitrariness and against the principles of natural justice."

With the aforesaid observations, the instant petition stood disposed of.

Case title - Arundhati Dhuru v. State Of U.P. Thru. Home. Deptt. Lko & Others [P.I.L Criminal No. - 2502 of 2021]

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