The Allahabad High Court has dismissed a petition seeking directions to the police to lodge an FIR against SP supremo Mulayam Singh Yadav in connection with an alleged "confessional statement" that he had ordered the firing on 'kar sevaks' in Ayodhya, saying "no offence" was made out against the leader.
The petition was dismissed by Justice Sudhir Kumar Saxena on May 3. It was filed by one Rana Sangram Singh alias Anupam Bharati, challenging the orders of lower courts in Mainpuri and Gonda, turning down his plea to lodge an FIR against Mulayam.
The petitioner submitted that since Mulayam had admitted to have ordered firing on kar sevaks in Ayodhya in 1990, when he was Uttar Pradesh Chief Minister, a case should be registered against him.
On behalf of the state, government pleader Rishad Murtaza contended that the said incident was a "state action", executed in sovereign capacity which was "protected" as Mulayam was then the Chief Minister of Uttar Pradesh.
Murtaza contended that Mulayam had only delivered a speech in his constituency, which did not constitute an offence as claimed by the petitioner.
The court observed that even if it is assumed that the said statement was made to appease a particular group of people, "no criminal offence" is made out as every political personality can say anything to the voters of his constituency, unless such a statement leads to hatred, violence or escalation of tension between groups.
The court also refused to comment on the validity of state action executed in sovereign capacity. "There is not much material before this court to take any other view," the judge said.
"Courts are already overburdened and dockets are overflowing. Such frivolous litigation, based on newspaper reports, aimed at publicity, should be discouraged and the courts will do well in curbing this tendency at the threshold. In view of the above, this court does not find any error in the impugned orders. The writ petition is liable to be dismissed and is accordingly dismissed," the judge ordered.
The petitioner had alleged that on October 30, 1990, the then Chief Minister of UP Mulayam was involved in the murder of kar sevaks by ordering the police to open fire in Ayodhya.
He had claimed that 24 years later, on February 6, 2014, Mulayam had confessed to have ordered the police to fire on kar sevaks before a "huge" gathering in Karhal in Mainpuri district as well as in Gonda district and his statement was published in newspapers.
The petitioner had contended that this constituted an offence of murder and criminal conspiracy.
The petitioner had said when his FIR was not registered by the police, he filed an application before the Chief Judicial Magistrate (CJM), Lucknow which was dismissed.
Subsequently, he filed a revision petition in the Sessions Court here which too was dismissed.
