Politicians Consider Themselves To Be Above The Law, Need To Tackle This Menace With Iron Hand: Allahabad High Court

While denying bail application of an ex-MLA in the UP Legislative Assembly who has been convicted by a lower court for assaulting a person in the lockup, Allahabad High Court recently observed that "nowadays, the legislatures and political persons are thinking themselves as above the law. This menace cannot be lightly taken and should be dealt with iron hand."

The Bench of Justice Mohd. Aslam was hearing the plea filed by Hasratulla Shervani (ex-MLA) seeking suspension of sentence and his release on bail during the pendency of an appeal against lower court's conviction order [convicting him under various sections of IPC including 'Attempt To Murder']

Here, it may be noted that while the Court rejected the bail plea of the ex-MLA, the Court allowed the bail plea of others (in total 8 persons) who are involved in the instant case and had moved their bail plea along with the plea of the prime accused (ex-MLA).

The facts in brief

As per the prosecution, an FIR was lodged in September 2012 in Kasganj district of UP by one Shamsad (informant) alleging that in May 2011, a false report was lodged against him on account of which police has arrested the informant and lodged in the lock-up.

Thereafter, in August 2021, while he was in the lockup, the accused-appellant Hasratulla Shervani (the then MLA) along with other persons including his relatives and supporters came to the police station and instructed the police to beat him so badly so that he will become crippled by foot and hand, otherwise they will ready for the bad consequences.

After that, the accused-appellant Hasratulla Shervani (armed with riffle and gun) along with his supporters (armed with danda) proceeded towards the police lock-up and caught hold his hand in the lock-up from outside and assaulted upon him with an intention to kill him by the butt of the rifle and other guns, lathi and danda.

However, since the S.O. Ram Murti Yadav intervened, he could be saved.

Submisisons made before the Court

It was contended by the counsel for accused-appellants that in this case, the informant/injured had turned hostile and other eyewitnesses have also turned hostile and only two police personnel Rtd. S.I. Phool Singh and H.Ct. Chhote Lal ha supported the prosecution.

It is further contended that the injuries found on the body of the informant were of simple nature.

On the other hand, opposing his bail plea, the State counsel argued that Hasratulla Shervani was elected member of the Legislative Assembly and he had crossed all the limits and has beaten the informant at the lockup of the police station by calling him near and, pulling his hand outside lock-up and has also obstructed the police in performing their official duties.

Court's observations

At the outset, the Court perused the injury report and found that it prima facie supported the contents of the first information report, therefore, the Court opined, in the above circumstances and that the injured had turned hostile is of no consequence.

The Court also noted that it appeared that on the influence of accused-appellant Hasratulla Shervani, the witnesses have turned hostile.

Significantly, noting that the accused MLA has the duty to raise the issue of misuse of law in Assembly and get it remedied but instead of it, he himself misused the law and took law in his hand, the Court, while rejecting his bail plea, remarked thus:

"...(he) pressurized the police personnel to adopt third degree and get him lodged in police lock up, this act of the accused amounts to misuse of police machinery, therefore, his act deserves no sympathy instead of condemnation."

However, the Court allowed the bail application of other accused-appellants noting that they had followed him and the sentence awarded to them will remain suspended during the pendency of the appeal.

The Court has also listed their appeal against the lower court's judgment for a final hearing on January 10, 2022.

Case title - Hasratulla Shervani And 8 Others v. State of U.P

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