Allahabad High Court Decries Threats To PIL Petitioners By Encroachers, Govt Officials; Takes Judicial Notice

The Allahabad High Court has taken judicial notice of what it termed an 'everyday malady' faced by petitioners who approach the Court by filing Public Interest Litigations (PIL) pleas raising complaints of encroachment. The Court observed that such petitioners are routinely browbeaten, often through physical assault or threats, by the encroachers themselves or, at times, even by the Government officials. A bench of Justice JJ Munir passed the order while hearing a PIL involving allegations of encroachment, in which the petitioner claimed that he and his family members were being assaulted and abused by private respondents (Respondent Nos. 7 to 12) ever since the filing of the petition. Taking serious note of the situation, the Court observed: “This Court takes judicial notice of the fact that it has become an everyday malady of petitioners moving P.I.Ls., complaining of encroachment et cetera that the encroachers, and sometimes even officials of the Government, try to browbeat the petitioners by physical assault or threat into withdrawing the P.I.L. This menace has assumed serious dimension and must be curtailed with a heavy hand”. Furthermore, the Court restrained the private respondents from assaulting, abusing, or accosting the petitioner or his family in any manner. Interestingly, the Court issued a categorical direction prohibiting them from entering the petitioner's premises or “coming within five meters of the petitioner or any member of his family”. This injunction, the Court clarified, would apply to all members of the petitioner's family as well. Further, to ensure effective implementation of its directions, the Court mandated the Superintendent of Police, Mirzapur and the Station House Officer, Lalganj, Mirzapur, to 'punctiliously' enforce the injunction. It warned that any violation would make them personally answerable to the Court. The Court also directed the SDO concerned to file a counter-affidavit and called for a personal affidavit from the District Magistrate, Mirzapur, detailing the progress of proceedings in the said cases under Section 67 of the U.P. Revenue Code, 2006. The matter will be heard next on July 18, among the top three causes of the day.Case title - Kamala Kant Advocate vs. State Of Up And 11 OthersClick Here To Read/Download Order

Allahabad High Court Decries Threats To PIL Petitioners By Encroachers, Govt Officials; Takes Judicial Notice

Sparsh Upadhyay

Tags