MAHESH CHANDRA BHATT Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned Counsel for the petitioner, through the instant Writ Petition, invited the attention of this Court to the fact that the Revenue Police has been carrying out the responsibilities of the Police under the Code of Criminal Procedure in Hill districts of the State. In view of the above, Patwaries, Kanoongoes and other Revenue Officials have been carrying out the responsibilities of the Police in 65 per cent of the total area of the State of Uttarakhand. In May 2008, Revenue Officials expressed their disinclination to render Police duties. Eversince then, they have not been performing Police duties. To remedy this situation, the State Government directed Naib Tehsildars by an order dated 10.6.2008 to perform Police duties, which were earlier being performed by Patwaries and Kanoongoes. The order issued by the State Government proved to be an effort in futility, inasmuch as, the union of Naib Tehsildars resolved not to render Police duties. It is, therefore, that the instant Writ Petition came to be filed as a Public Interest Litigation alleging, that First Information Reports were not being registered in Hill districts i.e. in Revenue Patwari Chowkies, nor is any investigation being carried out in respect of claims of breach of criminal law.

(2.) As an interim measure, consequent upon a statement having been made to this Court, the following order was passed on 21.4.2010:

(3.) Counter affidavit on behalf of respondent No. 3 has been filed. No counter affidavit has been filed on behalf of the remaining respondents. Paragraphs 16 to 18 of the aforesaid counter affidavit, which are relevant to the cause in hand, are being extracted hereunder: