The Allahabad High Court has granted police protection to a member of Block Development Committee, who intended to contest the election of Block Pramukh, as he was allegedly being prevented by the local district and police administration from filing his nomination papers.
The Lucknow Division Bench of Justice Devendra Kumar Upadhyaya and Justice Ajai Kumar Srivastava passed this order, while hearing a petition filed by Akhilesh Singh.
The Court noted that any attempt from any corner, including the State authorities and the district administration to damage the system of a free and fair poll, is not conducive to the democratic functioning of the state.
The Counsel for the petitioner submitted that he is a member of the Block Development Committee and intends to contest the election of Block Pramukh. He said the Respondent is a Minister in the State Government, whose son is also said to be a candidate in the said election.
The Writ Petition alleged that at the instance of the respondents, the local district and police administration are taking all possible measures to prevent the petitioner from filing his nomination papers.
The Counsel told the Court that the petitioner has been illegally detained by the local District and Police Administration of District Pratapgarh. Not only the petitioner, but even his family members, including his son, have also been detained, only with a view to prevent the petitioner from participating in the said election.
“Needless to say that free and fair elections to democratic institutions of the country is one of the basic features of our Constitution. Any attempt from any corner, including State authorities or district administration to damage the system of free and fair poll, is not conducive to democratic functioning of the state,” observedthebench.
The Court directed the Additional Chief Standing Counsel to seek complete instructions in the matter by 1315 hrs, not only from the District Magistrate, Superintendent of Police/Senior Superintendent of Police, Pratapgarh, but also from the Additional Chief Secretary, Home and Director General of Police.
“We also require the presence of a responsible officer from the office of Director General of Police, who should be a member of the Indian Police Service, to be authorised by the Director General of Police to be present before the Court through Video Conferencing for our assistance,” the Court said.
The bench has fixed the matter at 1315 because of compelling situations as expressed in the petition and also on account of the fact that the nominations for election to the post in question can be filed only till 1500 hrs.
“In deference to our order passed in the first half of the day, Surendra Bahadur, a member of the Indian Police Service, who is presently attached with the office of Director General of Police, Lucknow and is looking after the legal matters, is present before the Court,” observed the bench.
“Having regard to the seriousness of the allegations contained in the petition, we require the respondents to file counter affidavits separately within a period of four weeks,” said the order.
Issue notice to respondents, who may also file their counter affidavits within the aforesaid period. A week’s time thereafter shall be available to Counsel for the petitioner to file a rejoinder affidavit, if any”, it added.
H.P. Srivastava, Additional Chief Standing Counsel, received certain instructions from the Deputy Inspector General of Police, Pratapgarh, L.R. Kumar. On the basis of said instructions, it has been submitted that the petitioner was never detained by the Police authorities; rather his son was challaned on July 7 under Section 151 of CrPC and on furnishing bond, he was released yesterday itself.
Mr Srivastava further stated that the petitioner’s present location since around 1200 hrs has been found to be near his residence and there is no interference by the local Police administration or by any other district authorities so far, as far his free movement is concerned.
“So far as the allegations and counter allegations about detention/free movement of the petitioner is concerned, the Court proposes to adjudicate the same once the affidavits in the matter are exchanged, however, since the last date of filing nomination papers for the election to the office of Block Pramukh is today and the nomination can be filed till 3.00 pm, we find it appropriate to issue certain directions to facilitate the Petitioner to submit his nomination papers within the time prescribed for the said purpose”, the Court observed.
The petitioner expressed serious apprehensions about his safety and security and free movement at the behest of respondent nos.5 and 6 and accordingly we direct that the Petitioner shall be facilitated in all manner to file his nomination today itself before the prescribed time.
Accordingly, the Court directed that while the petitioner undertakes any journey to reach the Development Block Headquarters for filing his nomination papers, he shall be accompanied by adequate police force, who shall ensure his security. The security of the petitioner during this period shall be personal responsibility of the Deputy Inspector General of Police, Pratapgarh.
He shall accordingly be escorted not only to the Development Block Headquarters but shall also be escorted back to his residence or any other safe place. During the course of election i.e. till declaration of results the Deputy Inspector General of Police, Pratapgarh shall ensure the security to the Petitioner’s life and liberty. He shall also ensure that the Petitioner is able to move freely without any hurdle or threat from any corner whatsoever.
The Court further directed that considering the peculiar facts as narrated before us the officers of Election Commission including the Returning Officer shall extend all cooperation to the petitioner so that he is able to avail his democratic right for filing nomination papers.
The Court has fixed the next hearing of the Petition on August 25, 2021.