AJAY CHAUHAN DISTRICT MAGISTRATE PILIBHIT Vs. STATE

JUDGEMENT

(1.) A reference was sent by the District Judge, Pilibhit, dated 30.3.2009 to the Registrar General, Allahabad High Court stating that he has received two letters from the Bar Association of district Pilibhit. The letters complained that the bail application of Varun Gandhi was to be heard in the Court on that date, but the District Administration had barricaded the roads leading to the Civil Courts premises, and the Police Administration was preventing Advocates, their Clerks, employees of the Judiciary and Collectorate, the litigants and public from reaching the Court premises, even though, some of them were carrying identity cards. It was further complained that heavy police contingents were deployed at different entry points for reaching the Pilibhit Civil Courts and they were falsely telling the people that the Courts were closed on that date and they should go home. As a matter of fact, the Courts were completely open and the Police and District Administration were misleading the public that it was an undeclared public holiday. All this interfered with the functioning of the Court at the Pilibhit Judgeship. The Advocates had made a request to the District Judge to ensure that no adverse orders were passed against the litigant public and that Courts be refrained from issuing warrants against the litigants on account of their non appearance in the Courts. The Bar Associations letters even requested that proceedings of contempt be drawn up against the Police Officers and District Officers as the working of the Civil Court had been made non-functional by the Police and District Administration. Hence a report was being submitted to the High Court for information.

(2.) THE report of the District Judge was accepted. In the office note of the Joint Registrar (Inspection) it was also pointed out that as a photo copy of the District Judge's letter dated 30.3.2009 had also reached the Administrative Judge, Pilibhit, he passed an order directing that the report of the District Judge, Pilibhit be placed before Hon'ble the Chief Justice for appropriate orders. THE Hon'ble Chief Justice passed an order dated 8.4.2009 for placing the matter before the Court on the judicial side.

(3.) SRI Naiyer invited our attention to the affidavits of the District Magistrate, Pilibhit, Superintendent of Police, Pilibhit and ASP, Pilibhit which mention that due to inflammatory speeches made by SRI Varun Gandhi generating hatred between different communities, the deponent had exercised all due diligence to prevent the commission of any happening, which may have resulted in serious offences involving lives. It was denied that any direction was issued for preventing the Advocates, their Clerks, Collectorate staff or bona fide litigants from access to the Court premises to attend their cases and they were not stopped by the Police Authorities or Administration from participating in the Court's proceedings. It was denied that any propaganda was made by the Police Authority or the District Administration that the Courts had been closed and no judicial business was to be transacted and they returned to their homes.