A K SINGH Vs. UTTARAKHAND JAN MORCHA

JUDGEMENT

(1.) Leave granted.

(2.) There was a stir in support of the demand for a separate State of Uttarakhand comprising of certain hilly regions of the State of U.P. and some other areas. The stir collected momentum when the State Government issued a notification in 1994 pertaining to reservation in educational institutions based on region-wise domicile. The agitationists fixed up the Gandhi Jayanti day in 1994 for staging a public rally at New Delhi for the twin objective of protesting against the notification and to press the demand for the separate State. The administration took stern measures to resist the protesters' march towards the National Capital as the officials claimed to have received secret information that the proposed rallysts were carrying lethal weapons in violation of the prohibitory orders issued by the Government and might create serious law and order situation. The confrontation which ensued had resulted in lot of blood-shed including loss of many lives, infliction of injuries on persons belonging to both sides, outraging the modesty of women ranging to ravishments. An association staying itself as "Uttarakhand Sangharsh Samity" (for short "the Samity") moved a writ petition in the High Court of Allahabad (before the Allahabad Bench) on 6-10-1994, for different directions to be issued to the authorities to meet the consequence of the said confrontation. A Division Bench of the High Court issued certain interim directions on 7-10-1994 one of which was to the Central Bureau of Investigation ('CBI' for short) to enquire into the allegations of "human rights violations". The substance of the aforesaid directions is extracted below:

(3.) The CBI took up investigation pursuant to the said directions and laid charge-sheet against certain officers on 19-1-1995 for offences under Ss. 109 and 120-B read with Ss. 341 and 342 of the Indian Penal Code. Sanction of the State Government was obtained for launching prosecution in respect of those offences. Some of the accused who were arrayed in the said charge-sheet filed writ petitions Nos. 3463 and 3515 of 1995 before the Lucknow Bench of the High Court of Allahabad in challenge of the validity of the sanction order issued by the State Government for prosecuting them.