MP High Court Using Police To Recover Penalty In PIL .......Not Using Court Administration To Serve Notice. Why Collector report Exposing Corruption Neglected?
Jabalpur: The MP High
Court directed police to ensure petitioner to be present in court for a penalty
payment of Rs 25000 in a civil PIL. The Umaria Police hired a special vehicle
and used force to produce petitioner before CJ bench as per order dated 8 Dec
2021 in 36 hr notice. Earlier the petitioner Varun Namdev filed civil PIL
before Jabalpur High court for irregularities of Rs 5 cr approx in Women and child
development Department , Umaria. The court dismissed the PIL as respondent Shanti
bele and petitioner was having dispute during RTI process. Both has filed
police complaint before Umaria Police but Till date no FIR has been registered
by police. To cure miscarriage of justice Varun namdev filed application before High court that the collector
report is reflecting irregularties was not considered in order as per
submission and the penalty is frivolous and un constitutional. He demanded Rs
50 lac compensation for such mistake. There is a provision as per supreme court
akram ansari vs chief election commissioner order that if court missed few points in order
then applicant can file application to add such missed points in that final order.
The CJ bench denied to add collector report in the new Misc application
order.
When the petitioner
appeared before CJ bench on 16 Dec 2021 then petitioner denied to pay penalty due
to economic condition. When court warned him that we will send you in police
custody then petitioner agreed to Pay Rs10000 by 20 Dec 2021 . In hearing also
petitioner said to court that collector report is not added in order then also
court did not corrected his mistake. The petitioner said that he want to go for
appeal then CJ Ravi Malimath Said that you cannot file SLP without paying
penalty.
The question of law is
that can Court cannot send petitioner to police custody in a civil PIL without
contempt trial? As per advocates in practice court direct collector to recover
penalty as per revenue act. Then Why High Court is threatening activist for
raising corruption? Why Court is not taking cognizance of collector report
which is in favour of petitioner? Is Executive and Judiciary has become Friend?
No order dated 16 Dec 2021 was uploaded by HC staff, next hearing is on 20 Dec 21 for recovery of penalty.
Registration Date | 29-07-2020 Pending |
Case Detail | WRIT PETITION (WP) 10707/2020 |
Case Arising Detail | RP -161-2021 |
Last page | |
Next page | |
DA Name | [WP-DA-9] [CIS User ID : 144] |
First Entry Clerk | Filing Clerk 5 On 29-07-2020 11:36:14 |
Last Updated By | Cause List Asst.15 On 17-12-2021 11:11:04 |
Last Listed On | 20-12-2021 [HON'BLE THE CHIEF JUSTICE, HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA] [CL.NO. : 75] |
Last Order | List on (20/12/2021)-Ord dt:16/12/2021 |
Tentative date | 20-12-2021 (Computer generated) |
Update On | Listed Today |
Status | Pending (List on (20/12/2021)-Ord dt:16/12/2021) |
Stage | Motion Hearing [DIRECTION MATTERS] (55. FIXED DATE (COURT ORDER) COVID-19) |
Statutory Info. | [FOR APPROPRIATE ORDERS REGARDING DEPOSIT OF COST] |
Bench | Divisional Bench |
NOT GO BEFORE (By Advocate) | |
Category | PUBLIC INTEREST LITIGATION-16100 Others-16111 Others-16111 |
Act | |
Petitioner(s) | 1 VARUN NAMDEV S/D/W/Thru:- LATE ANANT KUMAR NAMDEV |
Respondent(s) | 1 THE STATE OF MADHYA PRADESH 2 DIRECTOR WOMEN AND CHILD DEVELOPMENT 3 DIRECTOR GENERAL ECONOMIC OFFENCE WING (EOW) 4 DIVISIONAL JOINT DIRECTOR WOMEN AND CHILD DEVELOPMENT DEPARTMENT 5 COMMISSIONER DIVISION SHAHDOL 6 COLLECTOR UMARIA 7 SMT.SHANTI BELE DISTRICT PROGRAM OFFICER WOMEN AND CHILD DEVELOPMENT 8 SUPERINTENDENT OF POLICE UMARIA |
Petitioner Advocate(s) | PREMENDRA SINGH RAMBIHARI GAUTAM PUSHPANJALY DWIVEDI DEEP NARAYAN SINGH |
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