Back
2011 Supreme(All) 2102
[2011(7) ADJ 163 (DB)(LB)]
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : PRADEEP KANT AND RITU RAJ AWASTHI, JJ.
WE, THE PEOPLE .....Petitioner
Versus
UNION OF INDIA AND OTHERS .....Respondents
(Writ Petition No. 3659 (M/B) of 2011(PIL), decided on 27th July, 2011)
~
Counsel :
Prince Lenin for the Petitioner; J.N. Mathur, A.A.G., G.A, A.S.G, Mahmood Alam and Bireshwar Nath for the Respondents.
Headnote:Public interest litigation—Crime Investigation by C.B.I.—Seeking direction for by High Court—Matter emerging from alleged bungling done in implementation of National Rural Health Mission (NRHM) programme, launched by Central Government, which was to be implemented by State Goverment—Two murders of Chief Medical Officers, already committed in relation to this alleged bungling—One of the accused named in F.I.R. for these murders, who was in jail—Also found dead in Jail—This death was shrouded with mystery, as it was claimed to be murder by wedow of deceased and on the other hand, claimed to be suicide by state authority—F.I.R. was lodged after untiring efforts by wedow of accused and media—In earlier writ petition, High Court had passed direction for investigation by C.B.I. in this third crime also—Therefore, State Government also issued orders for transfer of investigation to C.B.I.—In the instant writ petition, it was submitted that direction for investigation by C.B.I. passed by State Government is merely a device and camauflage—Keeping in view this submission and various other factors, High Court fealt that matter require reinvestigation by C.B.I. throughly—This should be done within three months—High Court directed State Government also to provide all assistance to C.B.I. [Constitution of India, 1950—Article 226—Criminal Procedure Code, 1973—Section 173(8)]. [Paras 8 to 10 and 14 to 17]
Hon’ble Pradeep Kant, J.—Heard learned counsel for the parties.
2. By means of this writ petition, filed in the nature of Public Interest Litigation, the petitioner has prayed for issuance of a writ, order direction in the nature of mandamus directing the Union of India to entrust the investigation of crime case No. 322 of 2010 under Section 302/120-B IPC of P.S.Vikas Nagar, Lucknow and case crime No. 269 of 2011 under Section 302/120-B IPC of P.S. Gomti Nagar, Lucknow, relating to murders of two Chief Medical Officers, Dr. Vinod Arya and Dr. B.P.Singh respectively, to the Central Bureau of Investigation (CBI).
3. The writ petition was filed praying for the aforesaid relief alongwith two other reliefs, claiming investigation by the CBI about the misappropriation of funds and bungling done in the implementation of National Rural Health Mission (hereinafter referred to as NRHM) programme within the State of U.P., but the said prayers were not pressed by the petitioner, they having already been made in various other writ petitions, which are engaging the attention of this Court.
4. The Central Government launched the NRHM programme, under which various schemes were to be undertaken by the State Governments, relating to health, medical care, etc. The said programme has been funded by the Central Government, and the State Government is to implement and execute all the schemes under the said programme in the manner prescribed for achieving the desired results. Programmes/schemes like Jachcha Bachcha Suraksha, Pregnant Women and Child Tracking, National Leprosy Eradication, Revised National Tuberculosis Control, Polio Eradication and World Population Day and Health Mela are few such schemes, which are to be implemented by the State Government.
5. Leaving other details, which need not be incorporated in the present order, the admitted facts are that because of the bungling and misappropriation of funds in the implementation of various schemes under NRHM, there was a lot of media reporting and unfortunately on 27.10.2010, Dr. Vinod Kumar Arya, Chief Medical Officer (Family Welfare) was murdered outside his house when he was on morning walk and another murder of Chief Medical Officer (Family Welfare) Dr. B.P.Singh took place on 2.4.2011, in respect of which two F.I.Rs. were registered, one at case crime No. 322 of 2010 under Sections 302 and 120-B IPC at P.S. Vikas Nagar, Lucknow and the other at case crime No. 269 of 2011 under Sections 302 and 120-B IPC at P.S. Gomti Nagar, Lucknow.
6. The media reports, some of which have been brought on record, though are not conclusive, but do reflect that the aforesaid two murders were taken with great seriousness by the public and the media, for which protests were also lodged. In the mean time, one Dr. Y.S. Sachan, Deputy Chief Medical Officer, who was charged of bungling and misappropriation of funds under NRHM programme and was propagated by the police as main accused in the said scam, was found dead while in judicial custody inside the jail premises. The death of Dr. Sachan was shrouded with mystery. The jail authorities reported it to be a suicide whereas the wife of the deceased, Dr. Malti Sachan, who herself was a doctor, claimed it to be a murder in judicial custody. The police did not register any F.I.R about the said incident and felt satisfied with the report of jail authorities regarding the said death, taking it a case of suicide. Dr. Malti Sachan made a complaint on 23.6.2011 about the said death which had taken place on 22.6.2011, but the F.I.R was registered only on 26.6.2011 at P.S. Gosainganj at case crime No. 271/11 under Sections 302 and 120-B IPC against unknown persons, that too when media took up the cause.
7. The police, at the latter stage, claimed that Dr. Y.S.Sachan was the main accused in plotting and designing the murders of the two Chief Medical Officers aforesaid and thus gave a twist to its own theory that Dr. Sachan was the main accused in the scam. A writ petit
