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.
|Case Detail||WRIT PETITION (WP) 10707/2020|
|Case Arising Detail|| RP -161-2021|
|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||[ ] [CL.NO. : ]|
|Last Order||List on (20/12/2021)-Ord dt:16/12/2021|
|Tentative date||(Computer generated)|
|Stage|| Motion Hearing|
(55. FIXED DATE (COURT ORDER) COVID-19)
|NOT GO BEFORE (By Advocate)|
|Category|| PUBLIC INTEREST LITIGATION-16100|