SUDHIR KUMAR TIWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. Padam Singh, learned counsel for the petitioner., The petitioner has presented himself to be a member of the legal profession and working on jail reforms since the year 1984. It has been averred in the petition that a company named "Gold Sukh" was opened sometime in the past in 2006 -07 by a group of persons with the ill motive of wrongful gain to them and wooed investors with the promise that the money they would keep with it, would multiply. According to the petitioner, to inspire confidence in the investors, it arranged functions which were attended by some police officials. Soon thereafter, in the succeeding years in 2008, 2009 and 2010, some of the investors feeling suspicious, approached the police, but as averred by the petitioner, those complaints were either not registered or the complainants were compelled to withdraw the same. It has been stated that in the month of November 2011, the offices of the company throughout the State were closed and it surfaced thereafter that the investors have been cheated to the tune of Rs. 300/ - to Rs. 400/ - crores. Several newspapers clippings have been annexed giving widespread coverage to this episode. These reports also, according to the petitioner, established an unholy nexus of the police officials in the financial scam leading to loss of the deposits of thousands of unsuspecting investors. According to the petitioner, six police personnel's were identified to be so involved so much so, that by order dated 2.12.2011, they were made to await Posting Order. Instances of FIRs filed by many persons but not registered, have been cited. That few such informations though registered, were not investigated properly, has been mentioned as well.

(2.) THE petitioner has stated that while the matter rested at that, on 12.3.2012 the above -referred police officials were sent on deputation to the jail department and thereafter on 31.5.2012 were appointed as Deputy Superintendent of Jail, and further, one of them was appointed as Superintendent of Jail, Ajmer. Contending that not only the association of the police officials in the murky episode was beyond comprehension, their deputation to high posts suggests that they have been rewarded, instead of being punished appropriately. Registration of the instant petition as a public interest litigation for facilitating judicial intervention has been prayed for.

(3.) WE have duly considered the averments made in the writ petition as well as the arguments based thereon.