SHACHINDRA PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS Writ Petition has been filed with prayers for issuance of (i) a writ, order or direction in the nature of Certiorari for quashment of the order dated 3.6.2007 passed by the Governor of Uttar Pradesh whereby he has refused to grant sanction for prosecution of opposite parties no. 8 and 9, namely, Ms. Mayawati, former Chief Minister, U.P. and the then Member of Parliament (Rajya Sabha) and Shri Naseemuddin Siddiqui, Member of Legislative Assembly in the case arising out of charge sheet dated 15.2.2007 filed in the FIR RC -00620033A0018 vide Criminal Case No. 4 of 2007 registered under Sections 120B, 420, 467, 468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act; (ii) a writ, order or direction in the nature of mandamus directing the C.B.I. to proceed in the matter in accordance with law and (iii) any other order or direction, deemed fit and proper in the facts and circumstances of the case.

(2.) THE petitioner claims to have filed this writ petition in public interest as according to him the subject matter affects the public at large. The Petitioner has stated that he has no personal or private interest in the matter and there is no authoritative pronouncement by Hon'ble the Supreme Court of India or by this Court on the questions raised in this petition. He claims to be a practising Advocate at the Lucknow Bench of the Allahabad High Court and also states that he is devoted to the cause of upholding the Rule of Law. He wants that the persons who are occupying the High Public Offices and are involved in misappropriation of public funds be punished in accordance with law. It is alleged that the present Writ Petition, filed in public interest, is an attempt on the part of the petitioner to highlight the well entrenched nexus of corrupt politicians and Constitutional functionaries in order to scuttle the course of law and the process of prosecution by abusing their offices. The petitioner filed Writ Petition No. 733 (MB) of 2011 wherein he impugned the order dated 5.6.2007 passed by the then Special Judge (CBI) refusing to take cognizance against Ms. Mayawati and Shri Naseemuddin Siddiqui on the ground that the statutory sanction under Section 197 Cr.P.C. has not been obtained by the investigating agency, i.e. the Central Bureau of Investigation (hereinafter to be referred to as the CBI). That Writ Petition was dismissed by this Court vide the order dated 5.11.2012 with following observations: -

(3.) IT is also the submission that the order of the Governor of U.P. is actuated with mala fide because when the CBI had collected sufficient evidence in support of its case against Ms. Mayawati and Shri Naseemuddin Siddiqui, there was hardly any occasion for the Governor to have applied his mind in the matter. It is also a contention in the petition that the malafide is obviously on account of the fact that during the relevant point of time, the Congress Party, which had come in power at the centre and had appointed a new Governor, had solicited the support of Bahujan Samaj Party, headed Ms. Mayawati for the presidential elections. As a quid pro -quo gesture, the members of the Congress Party had offered to bail out Ms. Mayawati and her associate, Shri Naseemuddin Siddiqui in the pending criminal proceeding related to the Taj Corridor. In fact, Ms. Mayawati is herself on record to have said that the Congress Party had offered her to bail out in pending criminal cases on the consideration of an electoral alliance. A bare reading of the impugned order, shows that the Governor passed the same after seeking opinion of legal experts. The opinion of Mr. Gopal Subramanium, the then Additional Solicitor General of India was sought and on the basis of his opinion dated 31.5.2007, the impugned order was passed. The relevant portion of the impugned order passed by the Governor has been referred to and is reproduced in the petition as under: