Virendra Singh vs State of U.P. and Others

Ravindra Singh, J.—Heard Sri P.K. Singh, learned Counsel for the petitioner, Sri Satish Chaturvedi, Additional Advocate General assisted by Sri N.D. Rai, A.G.A. for the State of U.P.

This habeas corpus writ petition has been filed on behalf of Sri Virendra Singh with a prayer that he may be released from illegal detention of respondent Nos. 4, 5 and 6.

This Court has passed the order dated 5.1.2010 directing the Superintendent of Police, Mahamayanagar to produce the petitioner Sri Virendra Singh before this Court today at 10 a.m. Sri Virendra Singh has been produced by Sri S.N. Bhardwaj, Addl. S.P. of Mahamayanagar and Sri Ripudaman Singh, Station Officer of P.S. Chandrapa, district Mahamayanagar, when the petitioner was produced before the Court, he was feeling unwell, his blood pressure was boosting, considering the same, he was sent to the dispensary of this Court from where he was referred to T.B. Sapru Hospital, Allahabad where proper medical aid was provided, thereafter he has been again produced before this Court in my chamber today at 4.10 p.m., he claimed himself to be fully well without having any physical trouble. In case, on record, he has not been discharged from the T.B. Sapru Hospital, he shall be deemed discharged, he does not require to go again to T.B. Sapru Hospital for the purpose of discharge. His statement has been recorded before this Court. He has given the following statement:

eSa ohjsUnz flag] mez 36 firk dk uke Jh xaxk jke fuoklh xzk0 o iks0 folkuk Fkkuk PkUnzik ftyk egkek;kuxj U;k;ky; ds le{k ''kiFkiwoZd c;ku ns jgk gwWa tks bl izdkj gS%

eq>s Jh jkeohj mik/;k; ds dSEi ls iqfyl vf/kdkjh yksx U;k;ky; esa ysdj vk;s gSa eSa ogka ij fnukad 28-12-2009 ls cUn Fkk A ogkWa ij yksx eq>s [ksr ls mBkdj jkeohj mik/;k; th ds dSEi esa ys x;s Fks A eS V�SDVj M�kbZoj gwWa esjh ifRu dks Hkh ;g ugh irk Fkk fd yksx eq>s jkeohj mik/;k; th ds dSEi esa ys x;s gS A eSa B.D.C. esEcj gwWa] esjk oksV M.L.C. ds fy;s gS] ftldk pquko 7-1-2010 dks gksuk gS A eSa vius ifjokj okyks ds lkFk ?kj tkuk pkgrk gwWa A eq>s iwjh lqj{kk ds lkFk ?kj Hkst fn;k tk;s A

i< dj ,oa lqudj rLnhd fd;k A

g0 viBuh; �ohjsUnz flag� gLrk{kj

Considering his statement in which he has specifically alleged that he was illegally detained in the camp of Sri Ramveer Upadhyay. He was illegally detained since 28.12.2009, even its information was not given to his wife etc. He wanted to go in the company of his family members, he may be sent to his house with security. The petitioner Sri Virendra Singh is set at his liberty, he is free to go in the company of his wife and other family members, but he shall be taken to his house by Sri S.N. Bhardwaj, Addl. S.P., Mahamayanagar with proper security. Nobody shall be allowed to harass him or cause any injury etc. In case he is harassed or any injury caused to him, its liability shall be fixed upon Sri S.N. Bhardwaj, Addl. S.P., Mahamayanagar.

It is a case in which the petitioner Sri Virendra Singh was illegally detained with a oblique motive because he is voter in the election of M.L.C, its voting is scheduled on 7.1.2010, it is directed that the petitioner shall be freely allowed to participate in the voting. In case, any hindrance is created in his voting, its liability shall be fixed upon the State Government as well as local administration of police.

The facts and circumstances also reveal that powerful persons including the persons having important berths in the Government are exercising their undue influence over the voters to secure their votes in favour of own candidates. It is shocking, in a democratic country where the voters have their right to cast their votes according to their free will. The M.L.C. is elected by electorate who happen to be members of local bodies, it is indirect election because representatives of the people cast their votes. The number of the voters happen to be very short, the powerful persons are securing their votes by way of providing different allurements or using the force upon them. It is most unfortunate part that the persons having high position in the Government and the bureaucrats are actively involved in such a malpractice, therefore, it is expected from the Election Commission of India, the Union Government of India and its States to develop a mechanism to ensure free and fair voting, so that the democratic system of the country may be strengthened.

Accordingly this petition is allowed.

Let a copy of this order be communicated to the Chief Secretary, State of U.P. and Chief Election Commissioner, India, New Delhi within a week.