Petitioners' Claims of Harassment Rejected; Inquiry by ATS Deemed Non-Coercive
In a significant ruling, the Allahabad High Court has dismissed a writ petition filed by the Committee of Management and another petitioner, challenging an inquiry initiated by the State Government through the Anti-Terrorist Squad (ATS). The petitioners had argued that the inquiry, which they claimed was repetitive, was intended to harass them. However, the Division Bench comprising Justices Neeraj Tiwari and Vivek Saran held that the inquiry could not be classified as coercive action.
The court heard arguments from Senior Counsel V.K. Singh, representing the petitioners, who contended that two previous inquiries on similar grounds had found nothing adverse against them. Singh argued that the current inquiry was baseless and merely a tool for harassment, seeking its quashing.
Opposing the petition, Senior Counsel and Additional Advocate General Manish Goel, representing the State, clarified that the inquiry was not solely against the petitioners but was part of a broader investigation involving approximately 4000 institutions across the State. He emphasized that the inquiry was based on inputs from various sources and was non-coercive in nature. Goel argued that the petitioners had full liberty to respond to the Inquiry Committee's proceedings.
In its judgment, the court noted that the conduct of the inquiry by the State Government through the ATS could not be considered coercive action against the petitioners. Consequently, the court declined to entertain the petition at this stage and dismissed it.
The court, however, granted the petitioners the liberty to submit their replies to the Inquiry Committee, ensuring that any submissions made would be duly considered by the committee.
The decision underscores the judiciary's stance on the procedural aspects of administrative inquiries, particularly those involving large-scale investigations initiated by the State based on intelligence inputs.
Bottom Line:
Conduct of inquiry by the State Government through Anti-Terrorist Squad (ATS) cannot be termed as coercive action. Petitioners have the liberty to submit their reply to the Inquiry Committee, which must be duly considered.
Statutory provision(s): Administrative Law.
Committee of Management v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2934854
