Delhi: Supreme Court Justice Surya Kant has made stern comments on the action taken by the Uttar Pradesh police in a case. He said the UP Police is “enjoying power” and “needs to be sensitized”. The judge warned that if the petitioner was unfairly harassed, the court would issue strict orders.
The case belongs to a petitioner, Anurag Dubey, against whom several FIRs have been registered. Dubey feared that if he appeared to cooperate in the investigation, another false case could be registered against him.
A bench comprising Justices Surya Kant and Ujjal Bhuiyan ordered that the petitioner will have to comply with the notice sent via mobile phone, but the police will not be able to arrest him unless he obtains permission from the court.
Earlier, the court had rejected the plea seeking quashing of the FIR, but in view of the seriousness of the other cases and allegations, it sought a reply from the UP government as to why he should not be granted anticipatory bail. The court stayed the arrest in the current FIR and ordered the petitioner to cooperate in the investigation.
Senior advocate Rana Mukherjee, appearing for the state, said the notice was issued to the petitioner but he did not appear and only submitted the affidavit. On this, Justice Surya Kant commented that the petitioner probably fears that the police may file a new false case against him.
“If (the police) touch Dubey, we will pass an order so strict that he will remember him for the rest of his life. Every time you file a new case against them. How many cases can you support? Is this a land dispute or a criminal case? “Your police are entering very dangerous territory and they are enjoying it.”
The court asked the petitioner’s lawyer Abhishek Chaudhary why Dubey did not appear. The lawyer said he has no instructions on the matter, but Dubey has given his mobile number to the police so they can be informed.
On this, the court suggested that we are now in the digital age and the notification must be sent via mobile phone. The court also made it clear that the police will not arrest Dubey, and if the police really feel the need to arrest him, then they should seek permission from the court.
“If police officers make arrests, we will suspend them and take even greater action,” Justice Surya Kant warned.
In this case, the Supreme Court advised the UP Police to be sensitive and laid emphasis on fair and equitable investigation.
