The Supreme Court Friday refused
to entertain a plea seeking a Lokpal-monitored investigation into the “criminal-political
nexus” as flagged in the 1993 Vohra Committee report, saying the prayers are
all utopian. The top court said that petition must serve the purpose and it
does not encourage petitions which are for publicity.
A bench of Justices Sanjay Kishan
Kaul, Dinesh Maheshwari and Hrishikesh Roy asked the petitioner advocate
Ashwini Kumar Upadhyay to withdraw his plea and granted liberty to make a
representation to law commission. At the outset, senior advocate Anupam Lal
Das, appearing for Upadhyay, said that the petition relates to the issue of
unholy nexus of criminal, politicians and bureaucrats.
The bench said that over two
decades have gone by since the report was filed. Das replied that they have
been taking baby steps and today, there is a Lokpal but it do not have the
wherewithal and has no investigation wing. The bench said, Look at your
prayers. They are all Utopian. It is like a utopian situation. It’s like I hope
our country will be at the top in the world. You should write a book on it,
don’t file a petition on this.
Justice Kaul said, I don’t
encourage such petitions which are for publicity. The petition must serve the
purpose. Das then told the top court that he will withdraw the petition but
liberty may be granted to approach law commission. The bench allowed the
petitioner to withdraw and granted the liberty to approach law commission.
Upadhyay through his PIL has prayed for appropriate direction for Lokpal
Monitored Investigation of the criminal political nexus, as referred by the
Vohra Committee.
Former Union Home Secretary N N
Vohra headed the committee formed to study the problem of criminalisation of
politics and the nexus between criminals, politicians and bureaucrats in India.
The report was submitted in October 1993. He has sought a direction to the
Union Home Secretary to handover the true copy of the Vohra Committee Report
with annexures and notes to the Director- NIA, Director- CBI, Director- ED,
Director- IB, Director- SFIO, Director- RAW, Director- NCB, Chairman- CBDT and
Chairperson- Lokpal.
Upadhyay has also sought
direction to respective chiefs of probe agencies to take appropriate steps for
comprehensive investigation of criminals-politicians nexus referred to in Vohra
Committee Report and chairperson of Lokpal should monitor the investigation. In
the alternative, he sought setting up of a judicial commission to monitor the
investigation by different probe agencies. He also sought direction to Union
home secretary to withdraw the Padma Awards given politicians-public servants mentioned
in the Vohra Committee report.
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