Allahabad High Court has expressed its dissatisfaction with the level of compliance by senior state officials to court orders. The case in question revolves around Ankit Baliyan, a police constable implicated in a corruption scandal involving the alleged extortion of a scrap dealer.
The Allahabad High Court has expressed its dissatisfaction with the level of compliance by senior state officials to court orders. This criticism came to light during the proceedings related to the anticipatory bail plea of Constable Ankit Baliyan, leading to broader concerns about hindrances in the administration of justice.
The case in question revolves around Ankit Baliyan, a police constable implicated in a corruption scandal involving the alleged extortion of a scrap dealer. The controversy began in September 2023 when a WhatsApp voice call recording, purportedly featuring Baliyan demanding a bribe, was circulated. This incident led to his immediate dismissal from service, a decision that was made on the same day the recording went viral.
The High Court, while addressing Baliyan’s plea for interim protection from arrest, had previously instructed Gautam Buddha Nagar Commissioner of Police, Laxmi Singh, to submit a personal affidavit detailing the circumstances surrounding Baliyan’s rapid dismissal. Additionally, the court sought information on similar instances of immediate dismissal in corruption cases over the past three years.
However, the court’s directives were met with apparent disregard.
“Since, despite being given reasonable time of two weeks, the Commissioner of Police, Gautam Buddha Nagar did not provide any assistance to this court with regard to the correct factual position of the case, therefore, this court feels that the matter should be referred to the Director General of Police, U.P., Lucknow for taking corrective measures,”
the court stated, expressing its frustration with the non-compliance.
The court’s observations extended beyond procedural lapses to the very heart of the investigation’s integrity. It noted that the First Information Report (FIR) against Baliyan was lodged without proper verification of the audio recording’s authenticity or tracing its original source. The police admitted to the court that the recording was made by an “unknown passer-by” and was subsequently transferred and deleted, leading to a lack of concrete evidence.
“This court feels that the matter should be referred to the Director General of Police, U.P., Lucknow for taking corrective measures,”
the court ordered, highlighting the need for a more transparent and fair investigation process. The court emphasized,
“It appears that the officers concerned do not want to bring on record the correct facts of this case, whereas it is well settled that fair and transparent investigation is the legal right of victim as well as the accused.”
In light of these developments, the Allahabad High Court granted Baliyan absolute anticipatory bail, citing the questionable circumstances of the case and the apparent reluctance of police officials to disclose the full facts. The court’s decision underscores a critical call for impartiality in legal proceedings and the essential need for law enforcement agencies to adhere strictly to judicial instructions.
This case has shed light on the challenges faced in ensuring justice and transparency within the legal system, particularly when it involves law enforcement officials. The Allahabad High Court’s remarks serve as a stern reminder of the importance of compliance with court orders and the fundamental principles of justice and fairness in the administration of law.
