The Allahabad High Court today dismissed a petition seeking directions to election authorities that nomination papers of political leaders allegedly involved in the Muzaffarnagar riots of 2013 not be accepted for the upcoming assembly polls in Uttar Pradesh.
A division bench comprising Chief Justice D B Bhosle and Justice Yashwant Verma dismissed the PIL filed by S K Khokhar, an advocate, who had prayed that the court exercise its powers under Article 226 of the Constitution and issue directions so that nomination papers of aforementioned political leaders, belonging to various parties, were not entertained.
The PIL had named leaders like BJP MLAs Sangeet Som and Suresh Rana, BSP MLAs Noor Saleem Rana and Maulana Jameel and Congress leader and former state minister Saeed-uz-Zama among those allegedly involved in the riots.
The petitioner had also claimed that a Special Investigating Team (SIT) set up to investigate the communal violence had also submitted charge sheets against the aforesaid political leaders.
However, the court dismissed the PIL, pointing out that the petitioner had "failed to cite any law or provision under which such a restraint order can be passed".
While granting relief to the former MP on a personal bond
of Rs one lakh and a surety of the like amount, the trial court had also asked him not leave the country without the court's permission and to cooperate in the probe.
The court was informed that the cases filed against Kumar falling under the jurisdiction of Janakpuri and Vikaspuri police stations in west Delhi, were lodged after delay of over 30 years as the complainant was "scared" to name the accused due to his "powerful" position.
The ASG had submitted that since his name had cropped up during the SIT probe, he needs to be interrogated and his custody is also necessary as he has to be confronted with the evidence in the matter.
He had said that as per complainant by one Harvinder Singh on the fateful day at around 11 AM, Kumar was seen leading a mob.
The complaint in Janakpuri pertains to the killing of two Sikhs -- Sohan Singh and his son-in-law Avtar Singh -- on November 1, 1984. The other relates to Gurcharan Singh who was burnt on November 2, 1984 in the jurisdiction of Vikaspuri police station.
As per the complaint, Gurcharan, who was half burnt, remained bed-ridden for 29 years. He died three years ago.
SIT, which was set up in February 2015 on the direction of the Ministry of Home Affairs to reinvestigate the closed case, said it filed a detailed status report of the ongoing investigation before the trial court.
The SIT is headed by Pramod Asthana, an IPS officer of 1986 batch, and has Rakesh Kapoor, a retired district and sessions judge, and Kumar Gyanesh, additional deputy commissioner in Delhi Police, as its members.
