(Judgment/Order in Text Format)
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 27
Case :- MISC. BENCH No. - 11759 of 2010
Petitioner :- Dr. Nutan Thakur
Respondent :- Hon'ble Supreme Court Of India Through Registrar General
and others.
Petitioner Counsel :- Asok Pandey
Respondent Counsel :- A.S.G., Manish Kumar
Hon'ble Devi Prasad Singh,J.
Hon'ble Virendra Kumar Dixit,J.
Heard Mr. Ashok Pandey, learned counsel appearing for the petitioner
and Dr. Ashok Nigam, learned Additional Solicitor General of India.
The petitioner is said to be an social activist associated with
different organisations and wife of a police officer, has approached
this Court under Article 226 of the Constitution of India for the
following reliefs :
"(a) Issue a writ of mandamus commanding the Respondents to kindly
direct the concerned respondents to initiate suitable legal and
Constitutional actions to remove all those Judges of the High Court of
Allahabad, including its Lucknow Bench against whom complaints have
been received by Hon'ble Supreme Court of India as mentioned in its
judgment dated 26.10.2010 in Civil Appellate Jurisdiction in Special
Leave Petition (Civil) No.31797 of 2010 Raza Khan versus U.P. Sunni
Central Waqf Board and another.
(b) Issue a writ of mandamus commanding the respondents that all those
Judges against whose conduct serious complaints have been received to
the Supreme Court be not allotted any judicial work during the
pendency of the enquiry and impeachment process.
(C) Issue a writ of mandamus commanding the respondents to stop all
the pension and other benefits of those of the retired Judges who are
found to be gravely indicted in such enquiries by these Enquiry
committees.
(d) Issue a writ of Mandamus commanding the Respondents to initiate
criminal proceedings against all those Judges who are found to be
gravely indicted to the extent of criminal misconduct in such
enquiries by these Enquiry committee.
(e) Issue any other order or direction as this Hon'ble Court may deem
fit in the circumstances of the case."
It appears that the petitioner had taken note of the recent judgment
of Hon'ble Supreme Court passed in Special Leave Petition (Civil)
No.31797 of 2009 Raja Khan versus U.P. Sunni Central Waqf Board and
another. It has been submitted by Mr. Ashok Pandey, the petitioner's
counsel that since the Hon'ble Supreme Court has made certain
observations with regard to Allahabad High Court and its Lucknow
Bench, appropriate action may be taken against all such Judges against
whom some material exists. He further submits that all those Judges
against whom observation has been made by Hon'ble Supreme Court
raising doubts upon their integrity may be removed.
On the other hand, Dr. Ashok Nigam, learned Addl. Solicitor General of
India submits that Special Appeal was filed against the orders of
Hon'ble Single Judge of this Court before a Division bench of this
Court at Allahabad. The Special Appeal was allowed by the Division
Bench of this Court and the orders passed by Hon'ble Single Judge were
set aside. He furthers submits that the error committed by the learned
Single Judge was set at right by the Division Bench of this Court
while sitting in appellate jurisdiction by setting aside the orders
passed by learned Single Judge. It is the appellate order passed by
the Division Bench which was subject matter of dispute before Hon'ble
Supreme Court.
It appears that the petitioner has made vague allegations. No cogent
material has been put forth by the petitioner while raising her
grievance . The petitioner seems to be interested for publication of
her name in the newspaper while approaching this Court under Art. 226
of the Constitution of India. The writ petition exclusively seems to
be based on the observation made by Hon'ble Supreme Court which cannot
be the subject matter of adjudication by this Court, more so when no
material has been placed while preferring the writ petition. In case,
the petitioner feels that the judgment of Hon'ble Supreme Court
requires some consideration at any level, then she may approach
appropriate forum.
The writ petition, being mis-conceived, is dismissed. No order as to costs.
Order Date :- 1.12.2010
kkb/
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