In a strong rebuke, the Allahabad High Court recently pulled up the District Magistrate (DM) of Fatehpur for filing an affidavit that, according to the Court, implied he had the power to either uphold or damage the dignity of the judiciary.
The matter arose during the hearing of a Public Interest Litigation (PIL) filed by Dr. Kamlendra Nath Dixit. The PIL alleged that land officially designated as a playground, pond, and khalihan was being illegally occupied by the Gram Sabha Pradhan and others.
While disciplinary proceedings were initiated against a Lekhpal, the petitioner informed the Court that he was being pressured by revenue officials and police personnel to withdraw the PIL. In response, the Court sought affidavits from the District Magistrate and the Superintendent of Police (SP), Fatehpur.
In his affidavit, the DM stated:
"The deponent respectfully assures this Hon'ble Court that the dignity of the Court and the rights of all individuals will always be upheld."
However, the Court strongly objected to this assurance. Justice J.J. Munir, while hearing the matter, observed:
"This Court is not powerless to deal with authorities like the Collector and vindicate our own dignity. We do not need his assurance. In employing such words, he harbours a covert thought that he has the capacity to undermine or outrage the dignity of the Court. Let no one, including the Collector, Fatehpur, harbour this misconception."
The Court directed the DM to file a further affidavit, showing cause why appropriate action should not be initiated against him for his remarks.
The case also saw the Superintendent of Police, Fatehpur, filing a similar affidavit. Additionally, the Pradhan of Gaon Sabha Kalpur Majre Baswa and the Station House Officer of Kakhreru Police Station submitted affidavits denying the allegations made by the petitioner.
However, the Court expressed dissatisfaction with the explanations provided by the Pradhan and the Station House Officer, noting that their presence in Court was required on the next date of hearing.
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Justice Munir ordered:
"Let this order be communicated to the District Magistrate and the Superintendent of Police, Fatehpur, through the learned Chief Judicial Magistrate within 24 hours."
The Court also granted the petitioner time to file rejoinder affidavits against the affidavits filed by the DM, SP, Pradhan, and SHO. All rejoinders must be filed within ten days.
Further proceedings in the matter have been scheduled for May 6, 2025, at 2:00 p.m., with a direction that both the Pradhan and the Station House Officer remain present in Court. Their request for exemption from personal appearance will be considered on the next date.
The case continues to unfold as the Court examines the serious allegations of illegal encroachment and interference with judicial processes.
The matter will now be heard on May 6.
Case title - Dr Kamlendra Nath Dixit vs. State Of U.P. And 11 Others
