Shozab Muneer
Aligarh In a very significant development The Hon’ble Allahabad High Court, Lucknow Bench, has directed the personal affidavit and appearance of the Director General of Prosecution (DGP) and the Additional Chief Secretary of the Uttar Pradesh Government in connection with a matter u/s 482 CrPC. The petition pertains to a 1991 case involving the gherao of the State Legislative Assembly, for which an FIR was registered.At Lucknow Bench, Allahabad High Court in a matter filed and argued by Advocates Ali Bin Saif and Kaif Hasan through an AOR.
In this regard Advocate Kaif Hasan told that despite the passage of 33 years, the trial in the case has not commenced. Meanwhile, warrants and proclamation/attachment proceedings u/s 82 & 83 of CrPC were initiated against the accused. Challenging these actions, the applicants sought relief from the Hon’ble High Court, highlighting the delays in the judicial process.
Advocate Kaif Hasan further said that during the hearing, Hon’ble Justice Saurabh Lavania expressed serious concerns over the excessive delay caused by the prosecution and the State Government’s handling of the matter. The Court also raised broader concerns regarding the pendency of cases across Uttar Pradesh, emphasizing the urgent need for systematic reforms.The Court directed the DGP and the Additional Chief Secretary to appear personally on January 30, 2025, and file a personal affidavit detailing the steps taken by the State Government to address the issue of pending cases. The affidavit must also provide a comprehensive outline of the State’s prosecution policy.The Hon’ble Court has stayed all proceedings related to the 1991 Legislative Assembly gherao case and scheduled the next hearing for January 30. The government counsel has been instructed to ensure that the State Government is informed about the Court’s directives.
The applicant was Madhukar Sharma, a resident of Aligam and a former mayor candidate. He was booked in a case at Lucknow for State Assembly gherao in a protest.
