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1993 Supreme(SC) 1221

SUPREME COURT OF INDIA
M.N. Venkatachaliah and G.N. Ray, JJ.
Mohd. Aslam @ Bhure - Petitioner
Versus
State of U.P. (App. for directions) - Respondent
I.A. No. 7 in C.P. No. 97 of 1992 in W.P.(C) No. 977 and 972 of 1991
Decided On : 19-01-1993

Headnote:

Prosecution of the proceedings – Acquisition of land – Jurisdiction - In response to notices to former Chief Minister of the State of Uttar Pradesh, and six other officers of State Administration to whom similar notices are issued, are present in Court counsel appears for Sri learned senior counsel appears for U.C Additional District Magistrate District Magistrate alleged contemnor Principal Secretary Government of U.P. represented Joint Secretary, Home Department, Government of U.P. Special Secretary, Government of U.P – Held, has filed a counter affidavit which is taken on record - Other officers say that in order to explain their conduct in relation to the episode, it is necessary for them to have access to and inspection of records - Court direct the State of Uttar Pradesh to make available all records bearing upon the subject of efforts and endeavors made; order and directions issued if any from time to time pursuant to its undertaking given before this Court on basis of which the order came to be passed and pursuant to several orders subsequently made in the matter of protection of the complex and the acquired land, also indicating the steps taken by the various authorities concerned with the matter from time to time, to ensure obedience to orders of the courts. All the connected records shall be placed for inspection in office learned standing counsel for the State of Uttar Pradesh and made available for inspection between 2nd and 15th to the alleged contemnors who may personally or through counsel or together desire to inspect them - After such inspection, the affidavits or further affidavits, as case may be, shall be filed by all the persons - Court direct the learned Attorney General to assist the Court in the prosecution of the proceedings –Court also direct learned senior counsel appearing for the State of Uttar Pradesh to assist the Court - Court direct the learned Attorney General to assist the Court in prosecution of the proceedings - Court also direct learned senior counsel appearing for the State of Uttar Pradesh to assist the Court - Court also request learned senior counsel who appeared for the State at the earlier stages prior to 6th December, 1992, to be present to assist the Court – Order accordingly

JUDGMENT :

1. In response to notices to Sri Kalyan Singh, former Chief Minister of the State of Uttar Pradesh, and six other officers of the State Administration to whom similar notices are issued, are present in Court. Sri. A.K. Goel, learned counsel appears for Sri Kalyan Singh. Sri Ashok Desai, learned senior counsel appears for Sri U.C. Tiwari, Additional District Magistrate, Faizabad, and Sri R.N. Srivastava, District Magistrate, Faizabad (alleged contemnor Nos. 2 and 3). Sri Prabhat Kumar, Principal Secretary, Govt. of U.P. and Sri Alok Sinha, Tourism Secretary, Government of U.P. (contemnor Nos. 4 and 6) are represented by Sri Kapil Sibal; and Sri Jivesh Nandan, Joint Secretary, Home Department, Government of U.P. and Sri Shekhar Agarwal, Special Secretary, Government of U.P. (contemnor Nos.5 and 7) by Sri R.N. Trivedi, learned senior counsel.

2. Sri Kalyan Singh has filed a counter affidavit which is taken on record. The other officers say that in order to explain their conduct in relation to the episode, it is necessary for them to have access to and inspection of the records. We direct the State of Uttar Pradesh to make available all records bearing upon the subject of the efforts and endeavours made; order and directions issued, if any, from time to time pursuant to its undertaking given before this Court on the basis of which the order dated 15.11.1991 came to be passed and pursuant to the several orders subsequently made in the matter of protection of the "Ram Janam Bhoomi - Babri Masjid complex" and the acquired land, also indicating the steps taken by the various authorities concerned with the matter from time to time, to ensure obedience to the orders of the courts. All the connected records shall be placed for inspection in the office of Sri R.B. Misra, learned standing counsel for the State of Uttar Pradesh and made available for inspection between 2nd and 15th February, 1993 to the alleged contemnors who may personally or through counsel or together desire to inspect them.

3. After such inspection, the affidavits or further affidavits, as the case may be, shall be filed by all the persons by 22nd February, 1993.

4. We direct the learned Attorney General to assist the Court in the prosecution of the proceedings. We also direct Sri K. Parasaran, learned senior counsel appearing for the State of Uttar Pradesh to assist the Court.

5. We also request Sri K.K. Venugopal, learned senior counsel who appeared for the State at the earlier stages prior to 6th December, 1992, to be present to assist the Court.

6. List this matter on 26th February, 1993 at 2 P.M. The personal presence of the alleged contemnors may not be necessary on the 26th February, 1993. However, they shall be present in Court whenever they are so directed at the subsequent hearings.

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