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2021 Supreme(All) 661
IN THE HIGH COURT OF ALLAHABAD
SURYA PRAKASH KESARWANI, PIYUSH AGRAWAL, JJ.
Dr. Mukut Nath Verma - Petitioner
Versus
Union of India, Through Home Secretary - Respondent
Criminal Misc. Writ Petition No. 6583 of 2021
Decided On : 17-08-2021
For the Petitioner: Dr. Mukut Nath Verma.
For the Respondent: G.A.
Point of Law: Any compromise with the law's nobility as a profession is bound to affect the faith of the people in the rule of law and, therefore, unprofessional conduct by an advocate has to be viewed seriously. A person practising law has an obligation to maintain probity and high standard of professional ethics and morality
Headnote:
Criminal Procedure Code 1973 - Section 154 – Investigation – FIR - Illegal mining - Director General of Police of Uttar Pradesh started pressurizing benefits and criminals but did not support his illegal and devious plan - Later on Respondent chief Secretary also started pressurising then SP benefits of neither agreed to support illegal works mafias nor their other criminal activities –
Finding of the Court:
Mala fide can be made out with specific object of damaging interest of petitioner and such action is helping someone which results in damage to party alleging mala fides - Seen that there is no allegation whatsoever in pleadings in respect of petitioner - An inference of mala fides has been sought to be drawn in course of vague pleading that respondent authorities are allegedly helping mining mafias - Serious allegations have been made against respondents which appear to be mala fide in order to malign image State-respondents - Petitioner is expected to disclose true and correct facts before making any allegation against respondents - Petitioner in person being practising lawyer is also expected to verify same himself and then levelled such allegations against respondents –
Result: Writ petition is dismissed
JUDGMENT :
1. Heard Dr. Mukut Nath Verma, petitioner in person through video conferencing and Sri Manish Goel, learned Additional Advocate General assisted by Sri A.K. Sand, learned AGA for State-respondent.
2. This writ petition has been filed praying for the following relief :
"I. Issue a writ, order or direction in the nature of mandamus to the respondent no. 5 & 6 SHO P.S. Hazratganj Kotwali Lucknow UP and SHO Colonelganj, Prayagraj, UP to lodge FIRs on the basis of complaints dated 22.12.2020 and 07.07.2021 respectively under Section 154 Cr P C made by the petitioner and to provide copy of the FIRs thereof;
II. Issue a writ, order or direction in the nature of mandamus to the respondent no. 12 Central Bureau of Investigation for investigating (C.B.I.) both the FIRs;
III. Issue a writ, order or direction in the nature of mandamus to the respondent No. 1 & 2 to provide sufficient permanent security to the Petitioner in order to meet his client Mr. Mani Lal Patidar and to prosecute the petitions before the any Authorities as Petitioner has been receiving life threats from the agents of the Respondent no. 8, 9, 10 and 11;
IV. issue a writ, order or direction in the nature of mandamus to the respondent no. 1, 2, 3 & 4 that a meeting be arranged with the petitioner and his client Mr. Mani Lal Patidar (IPS) so that the petitioner can collect his remaining pending fee and seek further instructions;
V. Issue a writ, order or direction in the nature of mandamus to the respondent no. 2, 3 and 4 to initiate departmental proceedings against respondent no. 5,6,8, 9, 10 and 11;
VI. Issue a writ, order or direction in the nature of mandamus to the respondent no. 2 and 4 to suspend respondent no. 5, 6, 8, 10 and 11 so that they can not influence the investigation any manner;
VII. Issue a writ, order or direction in the nature of mandamus to the respondent no. 7 to withhold the pension and all other dues of respondent no. 9 till the investigation is completed by the Central Bureau of Investigation and a clearance is given by the Hon'ble Courts;
VIII. Issue a writ, order or direction in the nature of mandamus to the respondents to provide protection to the life and limb of the petitioner. So that he may perform his legal/ professional duties continuously along with his social obligations towards weaker sections of the society and to assist/ work fearlessly through his pro bono litigation / legal awareness program/ professional work/ litigation/ pre litigation in Uttar Pradesh;
IX. To pass any other relief as this Court deems fit in the interest of justice, equity and good conscience."
3. In paragraph-4 of the writ petition, the petitioner has stated that “The petitioner is a practicing advocate in the Supreme Court of India under the Advocates Act, 1961 registered under Bar Council of Delhi bearing Enrolment No.D/1062/2014”. As per alleged copy of Adhar Card (issuing dated 10.11.2020), the address of the petitioner is “Khasra No.433/221, Chhattarpur Pahari, Chhattarpur, South Delhi, 110074”. However, in writ petition, he has given his address as “C/o 177-P, Aram Bagh, Paharganj, New Delhi-110055”.
4. In paragraphs-5, 6, 7, 8, 9, 14, 21, 22, 29, 30, 34 and 44, the petitioner (an advocate) has made averments basically on personal knowledge relating to his client Mani Lal Patidar, as under :
“5. That the petitioner's client Mr. Mani Lal Patidar, aged about 32 years, who hails from Rajasthan is young, disciplined, honest and energetic gentle person, besides a law-abiding citizen and a farsighted IPS Officer of 2014 batch, had been assigned UP Police Cadre. He belongs to a middle-class family having no political background. By nature, he is an innocent person, who on several occasions worked against the corruption and criminals so that every citizen of the district shall enjoy a secured peaceful life. Mr. Patidar was posted as Superintendent of Police in 2019 of Mahoba District (UP), who during his tenure has tirelessly working for the safety and security of
