SHER BAZ KHAN Vs. STATE OF UP

JUDGEMENT

(1.) We have heard Shri Umesh Narain Sharma, Sr. Advocate assisted by Shri Suneet Kumar, learned Counsel for the petitioner. Shri Jyotindra Misra, Advocate General has appeared for the respondents. Shri S.G. Hasnain, AAG has also appeared and made submissions on behalf of the State respondents. Shri S.F.A. Naqvi appears for the respondent No. 5

(2.) The petitioner is the elected President of Nagar Palika Parishad, Chandpur, Distt. Bijnor. He has filed this writ petition in public interest alleging that Shri Mohd. Iqbal @ Thekedarrespondent No. 5, the elected member of the Legislative Assembly of the State of U.P. from Tehsil Chandpur Distt. Bijnor, is a member of the Bahujan Samaj Party, the ruling party in the State. Taking advantage of his position as elected representative, and the absence of the outlying Court at Chandpur, which could not be established on account of resistance made by local people, at his behest, he is running parallel court at the Tehsil. It is alleged in the writ petition that for past 3 years the respondent No. 5 holds the Court on every Sunday, deciding civil as well as criminal cases after taking money from the parties. He also deals with cases of serious criminal offences namely murder, dacoity, rape and dowry. He charges Court fees of Rs. 500/- and requires compulsory deposit to be made by the parties. The decisions given by him are implemented by force. He acts and conducts himself as a judge and calls the proceedings as Court proceedings. The reports of these unconstitutional activities carried out by him as elected representative of the people of Chandpur has been published in many newspapers including 'Indian Jang' published from New Delhi, and were highlighted by Zee News Channel in its broadcast dated 7.9.2008. A compact disc containing the record of the news item has been annexed to the writ petition.

(3.) It is stated in paragraph 12 that a news item was also published in daily newspaper 'Dainik Jagran' on 8.9.2008 showing the photograph in which the respondent No. 5 is seen accepting bundles of currency notes in its alleged Lok Adalats. The news item was also published in 'Shah Times' Bijnor on 8.9.2008 carrying similar photographs. Some of the members of the Legislative Council namely Shri Munna Singh Chauhan and Shri Hari Singh Dhillo raised the issue in Vidhan Parishad stating that the law and order situation in the State has deteriorated to such an extent that a MLA of the ruling party, that is respondent No. 5 has no respect for the legal system of the State and poses himself as 'Judge' as well as 'Advocate' and is rendering justice by extracting money. The leader of the House Swami Prasad Maurya assured the house that no person whether the Minister or member of the Legislature is above law, and action will be taken after enquiry.