The Allahabad High Court today sought a counter-affidavit from the Additional Director General (ADG),Law and Order,Jag Mohan Yadav,in connection with a PIL which alleged that he had acquired wealth disproportionate to the known sources of his income and demanded a CBI inquiry.
The state government,however,challenged the petition on the grounds of maintainability. The petition was filed by residents of the officers native village.
The court,while seeking their counter-affidavit on the allegations,said that it was open to the respondents to raise objections regarding the maintainability of the petition at the next date of hearing on July 26.
Hearing the criminal PIL filed by Ram Khelawan Patel and three others,a Division Bench of Justices Amar Saran and Ashok Srivastava,said: It is mentioned in this petition,which has been filed by some farmers belonging to the village of respondent No. 6 (Yadav),that the respondent No. 6 and his family members acquired disproportionate assets during the course of his service… we think,it would be proper for the respondents to file a counter-affidavit within three weeks for bringing their counter contentions on record.
The criminal PIL alleged that the officer acquired wealth in the name of his family members. Counsel for petitioners,Shashi Nandan,also alleged that a farmhouse allegedly owned by the officer had not been disclosed.
Challenging the petition,Additional Advocate General C B Yadav and Additional Government Advocate Vimlendu Tripathi contended that the petitioners themselves were facing prosecution under Section 376 (rape) of the Indian Penal Code and did not have proper credentials for espousing public cause. Also,the counsels contended,the petitioners had not disclosed their antecedents in the petition filed by them. Further,the counsels also maintained that the allegations were based on disputable facts.
It would be open to the respondents to raise their preliminary objections regarding the maintainability of the petition in their counter affidavit, the court said.
The ADG and the residents of his native village Kilhapur Tharhatti in Jaunpur have had a tenuous relationship for the past few years. On May 9,Prem Chandra Srivastava,a villager,had alleged that he was beaten by six men at the behest of the officer. However,the officer had categorically denied the charges. He had accused that the local leader of a political party was behind those who were making allegations.