'Abuse Of Authority, Display Of High-Handedness': Plea In SC Seeks Imposition Of State Emergency In Uttar Pradesh [Read Petition]

The plea has been filed in the backdrop of various incidents that took place in the state, over the span of one year, which as per Mr. Sukin indicate that "a situation has arisen in which the government of the Uttar Pradesh State cannot be carried on in accordance with the provisions of the Constitution."

Article 356 of the Constitution refers to failure of constitutional machinery in a State in which case, the President of India, on receipt of report from the Governor of the State or otherwise, may impose President rule thereof.

Mr. Sukin has primarily referred to the following incidents, to make out his case:

The heinous Hathras Gang Rape Case

Illegal detention of Dr. Kafeel Khan

Police excesses and human rights violations during AMU violence

Erection of Name and shame banners against anti-CAA protestors

Failure to ensure right to life and medical care to citizens, in reference to demise of an 8-month pregnant woman in Gautam Buddha Nagar due to non-availability of beds in hospitals

Failure to grant adequate protection to victim in the Unnao rape case

It has been submitted that Uttar Pradesh state ranks as the "most unsafe state for women" in the country.

"According to the National Crime Record Bureau's "Crime in India" 2019 report, Uttar Pradesh recorded the highest number of crimes against women. India reported 4,05,861 cases in 2019 and out of these, Uttar Pradesh had 59,853 such incidents," the plea states.

It is alleged that injustice has been caused to the entire population of the state and their basic amenities have been affected due to "non-appreciation of relevant materials in an objective and impartial manner by the State of Uttar Pradesh".

It is further alleged that the State of UP has been proceeding and working in an illegal, arbitrary, high handed, whimsical and unfair manner for a long time, and is constantly abusing its authority, against the principles of Natural Justice.

"Such discrimination will amount to arbitrary and unreasonable exercise of power and the same shall not be inconformity Article 14, 16, 21 of the Constitution of India," Mr. Sukin submitted.

Inter alia, he has pointed out the following shortcomings in the administration:

• Unlawful and arbitrary killings, including extrajudicial killings perpetrated by police (fake encounters)
• Torture by prison officials
• Arbitrary arrest and detention by government authorities
• Political prisoners in the state
• Restrictions on freedom of expression and the press, including violence, threats of violence, or unjustified arrests or prosecutions against journalists
• Use of criminal libel laws to prosecute social media speech, censorship, and site blocking
• Overly restrictive rules on non-governmental organizations (NGOs)
• Frequent reports of widespread corruption at all levels of government (including facilitation of human traficcking)
• Violence and discrimination targeting minorities based on religious affiliation or social status
• Rising crimes against Dalits
• Forced and compulsory child labor, including bonded labor
• Joblessness and poverty
• Unsafe state for women
• Police attack on national leaders
• Unjustified communication blockades and internet shutdowns
• Unchecked Honour killings
• Frequent Mob lynching
• Spike in unemployment

He therefore seeks invocation of a State emergency, with immediate effect.

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