Taking exception to a counter-affidavit filed by the state in an anticipatory bail plea stating that the applicant is of criminal intent, the Allahabad High Court observed that since 75th Independence Day Celebrations, the Central Government has marked Azadi-ka-Amrit Mahotsav terming it Amrit Kaal, police administration, however, feels more comfortable to retain the colonial structure.
A single-judge bench of Justice Manju Rani Chauhan passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Smt Chantara.
The Court noted that the applicant was granted interim protection on 09.09.2020 allowing two weeks’ time for the State to file counter-affidavit. A submission germane to the matter is that the husband and the father-in-law of the deceased have already been acquitted by the court below. Applicant before the Court is the mother-in-law of the deceased.
Acquittal of two accused persons by court below and interim protection to applicant by the court in the offence under Sections 498A, 304-B, 201 IPC and 3/4 DP Act required attention of the Court to traverse to the pleadings of both anticipatory bail as well as counter affidavit closely to reach a final conclusion in applicant’s matter.
The Court noted a bare perusal of reply given to averments of anticipatory bail application in counter-affidavit appears to be perfunctory and cavalier in manner as also bereft of any cogent or coherent factual and legal foundation as the Government Counsel I.P.S Rajpoot, AGA-I, who drafted the affidavit did not hesitate in proving the applicant to be of criminal mind without adducing any substance in support thereof. Excerpt of the averments in paragraph 10 of counter-affidavit says, “The applicant is a woman of criminal nature.”
Though no document is annexed. Remaining reply in the entire counter-affidavit rests on denial to each fact mentioned in anticipatory bail application. Contents of counter-affidavit reflects the impetuousness of Government Counsel as well as the deponent where each fact is negated sans due care constricting the role of the applicant as per their whims.
The Court cannot turn a blind eye to such imprecise conduct of the deponent as well as Government Counsel brought in the counter affidavit. The reply quietly appears to be a transcription of parawise narratives sent by the concerned department. Surprisingly, most of the paragraphs i.e paragraph Nos 3 to 12 of the counter affidavit are sworn to be verified on the basis of record, however, nothing is brought on record in support thereof.
It is a staggering irony that the deponent of the counter-affidavit, who is Deputy Superintendent of Police/ Circle Officer, Sahawar, District Kasganj, believed himself to be empowered with sanction to author a certificate of propensity of a person without any cogent material.
Since the 75th Independence Day Celebrations, the Government has marked Azadi-ka-Amrit Mahotsav terming it to be ‘Amrit Kaal’ with prospective vision in welfare of citizens of the country, however, Police Administration feels more comfortable to remain with colonial structure. Such attitude of functionaries who are instrumental to safeguard the public at large diminishes the ingrained belief over the System and plays a role in impeding the goal set out to ascend to new heights of prosperity, the Court said.
The Court further observed that,
A bare reading of the averments in counter-affidavit whereby the applicant is said to be of criminal intent appears to be on the basis of skewed information. No such officer is allowed to enjoy impunity on the pretext of discharging official functioning nor can be set free to form an audacious remark without any basis. It is the prime duty of the concerned AGA also who drafts counter-affidavit to acquire the material relying on which the averments being made in counter-affidavit.
Taking note of such negligent pleadings in counter-affidavits, in numerous cases, the Court has already warned the Government Advocate as well as AGAs repeatedly to be careful while dictating counter-affidavits but seems to be with no result.
“Let a personal affidavit be filed by the deponent of counter affidavit dated 22.9.2020 (Shailendra Singh Son of Mahipal Singh, Deputy Superintendent of Police/ Circle Officer, Sahawar, District Kasganj), within ten days, as to what was in his possession for making statement in paragraph no 10 of the counter affidavit. He shall remain present before the Court on the said date along with the record of the case.
I.P.S Rajpoot, AGA-I, shall also remain present before the Court on the next date fixed to explain his conduct of dictating counter affidavits in such an irresponsible manner. Interim order, if any, is extended till the next date of listing,” the Court ordered.
The Court has fixed the next hearing of the petition on February 21, 2023.