HC opines: 'No officer can be allowed Impunity for a remark made without any basis in Counter Affidavit'

 

The Allahabad High Court extended the interim order in an anticipatory bail application. A single judge bench of this Court comprising Hon’ble Justice Manju Rani Chauhan observed that it is the prime duty of the concerned A.G.A. to acquire the material relying on which the averments are being made in the counter affidavit.

Brief Facts:

Offences were registered against the accused persons under Sections 498A, 304-B, 201 IPC, and 3/4 D.P. Act. The Court, after hearing the submissions advanced by learned counsel for the applicant, granted an interim protection on 09.09.2020 allowing two-week time for the State to file the counter affidavit. The husband and father-in-law of the deceased were acquitted by the lower court. The learned counsel appearing for the applicant had passed on a certified copy of the acquittal order, which was returned to him, after perusal. Acquittal of two accused persons by the court below and interim protection to the applicant by this Court in the offence under Sections 498A, 304-B, 201 IPC and 3/4 D.P. Act required attention of the Court to traverse to the pleadings of both anticipatory bail and counter affidavit closely to reach a conclusion in applicant's matter.

Observations of the Court:

The Court observed that bare perusal of the reply given to the averments of anticipatory bail application in counter affidavit appears to be perfunctory and cavalier in a manner as also bereft of any cogent or coherent factual and legal foundation as the Government Counsel who drafted the affidavit did not hesitate in proving the applicant to be of criminal mind without adducing any substance in support thereof.

 

The Court remarked that it cannot turn a blind eye to such imprecise conduct of the deponent as well as learned Government Counsel brought in the counter affidavit. The reply quietly appears to be a transcription of parawise narratives sent by the concerned department. The attitude of functionaries who are instrumental to safeguard the public at large diminishes the ingrained belief in the System and plays a role in impeding the goal set out to ascend to new heights of prosperity.

Further, the Court noted that a bare reading of the averments in the counter affidavit whereby the applicant is said to be of criminal intent appears to be on the basis of skewed information. No such officer is allowed to enjoy impunity on the pretext of discharging official functioning nor can be set free to form an audacious remark without any basis. It is the prime duty of the concerned A.G.A. also who drafts counter affidavit to acquire the material relying on which the averments are being made in the counter affidavit.

The Court reminded that taking note of such negligent pleadings in counter-affidavits, in numerous cases, it has already warned the learned Government Advocate as well as learned AGAs repeatedly to be careful while dictating counter affidavits but seems to be with no result.

 

The decision of the Court:

The Allahabad High Court directed the extension of the interim order till the next date of listing.

Case Title: Chantara v State of U.P

 

Coram: Hon’ble Justice Manju Rani Chauhan

Case no.: CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION No. – 5397 of 2020

Advocate for the Applicant: Mr. Ajay Kumar Vashistha

 

Advocate for the Respondent: G.A.

Read Judgment ;

 

 

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 (With input from news agency language) 

 

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