LAWS(ALL)-2013-2-19

NUTAN THAKUR Vs. STATE OF U.P

Decided On February 14, 2013
NUTAN THAKUR Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) This Public Interest Litigation has been filed with the following prayers:-

(2.) The brief facts leading to filing of this writ petition, as claimed by the petitioner, are that this Public Interest Litigation has been filed towards the compliance of orders of the Hon'ble Supreme Court dated 22.09.2006 in Writ Petition No. 310 of 1996 ( Sri Prakash Singh Vs. Union of India and others) which are said to have been complied by the Uttar Pradesh Government vide two Orders dated 26.12.2010 issued in regard to the transfer policy of senior police officers and the officers in charge of police stations. It is alleged that the impugned order is in the blatant violation of the aforesaid government orders. According to the petitioner, IPS and PPS officers are being posted in district police forces on regular basis in utter disregard to the Government Orders made towards compliance of the Hon'ble Supreme Court's Order in Prakash Singh's case . It is also alleged that there would be hundreds of examples where IGs of the Zones, DIGs of Range, SPs and Additional S.Ps of the districts, Circle Officers in various police circles, and officers in charge of various police stations (Station Officer-SO and Station House Officer-SHO) are being transferred almost on daily basis. A recent example of such violation has come in the shape of Sri Navneet Rana, then Superintendent of Police, district Gonda who has been abruptly and suddenly transferred and attached to the DGP's office through the State Government's Order dated 06.02.2013 without citing and specifying any reason for this transfer and in his place firstly one Sri H.N. Singh was posted but he was called back halfway during his journey to Gonda and one Sri Rajendra Prasad Singh was posted.

(3.) That the petitioner has submitted that this being a PIL under Rule 1, sub rule (3A) of Chapter XXII of the Allahabad High Court Rules, 1952, it would be relevant to present some facts regarding her own credibility. According to her, without referring to her background in great detail, she can claim that she is a social activist and freelance journalist "having an urge to positively contribute to the society in all possible ways." She works primarily in the field of transparency and accountability in governance and Human Rights. The matter being presented here concerns transparency in governance which is a Constitutional issue. She has been the Editor of a Hindi daily Nutan Satta Pravah for many years. She has also written a book "Maun se Mukhar tak" which is an anthology of gender related articles in Hindi literary magazines. The petitioner also claims to have filed a large number of public interest litigation on different subjects of great public importance.