Lucknow: Lucknow bench from the High Court of Allahabad has refused to accept that anti-terrorist forces (ATS) from the police rose was acting in a biased way and Mala in pursuing an investigation into two Indian front members who were praised from Kerala – Anshad Badarudheen and Firoj K C C C C .
The court refused the request to transfer the probe in this case to the Central Investigation Bureau.
Destroying the petitions transferred by Anshad, which was submitted through his brother Azhar, the bench quoted by the APEX court said, “The decision to investigate or decisions about the body that must investigate, not attract the principle of natural justice.
The accusation cannot say who must investigate the violations required .
“The bench consisting of justice DK Upadhyay and Justice Ajai Kumar Srivastava also refused to agree that using the term ‘South Terror’ on the portal amounted to prejudiced and biased intentions from government authorities and ATS against the applicant.
“The use of such terms will not be in accordance with the element of imports of malice or bias to the applicant.
However, we see this fact with deep concerns and do not approve the use of such terms,” ​​Srivastava justice said.
In the order, further benches, “The applicant cannot show that the power of the investigation has been carried out by investigator officers.
From ATS by means of Mala.
It is also not found as a case of abuse of power and non-compliance with the investigation body of the PODIAL code provision procedure.
The investigation has also been concluded By ATS.
“ATS has registered a case against Anshad applicants and others on February 16, 2021 in Lucknow.
Both were arrested from the Kukrail Forest area in Lucknow and were ordered for various violations of IPC, ARM Act, Actserves Watts 1908, and the Activity Act (Prevention) that violated the law.
Arguing for the Petitioner, Advocates Mohammad Tahir and Mohammad SM Alavi have submitted that the arrest was wrong when the duo was taken from Bihar and then booked in Lucknow.
It was also said that after registration FIR, the central government was asked to make an order about how to investigate violations, but in this case, there was no such order passed by the center and hence the cost sheet submitted by ATS without jurisdiction and responsible for rejection.
However, the bench rejected the request for repetition while accepting the additional government ad argument Shiv Nath Tilahri observed, “In the instant case, recognized, the central government has not issued any direction below section 6 (4) or section 6 (4) or section 6 ( 4) (5) From the National Investigation Agency (Nia) acting to get a violation that is scheduled to be investigated by the body, therefore, the authority and strength of the state government to investigate and demand any violations scheduled is not affected.
“The bench also did not agree with the Petitioner’s request.
That special ATS court admitted in an illegal way.