SACHCHIDANAND SACHCHEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY means of this petition filed in the nature of Public Interest Litigation, the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the respondent no. 8 (Central Bureau of Investigation) to conduct an enquiry in respect of the death of Dr. Yogendra Singh Sachan under mysterious circumstances in the District Jail, Lucknow on 22.6.2011.

(3.) IT is the further case of the petitioner that since the name of influential politicians belonging to the ruling party, which is presently in power in the State of U.P as well as certain high ranking officers, who are presently holding high offices in the State, were regularly appearing in the news reports wherein their roles were also being pointed out in the bungling relating to the funds of NRHM scheme, free and fair investigation by the U.P.Police was not possible in the matter, the petitioner preferred a writ petition bearing no. 3611 (M/B) of 2011 (PIL) with the prayer that the enquiry be directed to be conducted by an independent agency into the affairs of the department of health and family welfare, Government of U.P relating to the implementation of the NRHM scheme in the State of U.P since financial year 2007-08 onwards involving the bungling of funds and to ascertain the liabilities for the same. In the said writ petition, counter affidavit was asked for from the respondents, but till date no counter affidavit has been filed. The petitioner made out a case in the writ petition that because of the illegalities and improprieties being committed in NRHM programme, murders of two Chief Medical Officers, as stated above, had taken place and two ministers of the concerned department were made to resign.