SC orders action against Mau SPs from 2023 over ‘casual approach’: A practical reader guide

SC asks authorities to set up to 2 special courts to deal: Legal case and next steps

New Delhi, Taking strong note of the “casual approach” of Uttar Pradesh Police in a criminal case trial, the Supreme Court has directed the state government to initiate departmental proceedings against the superintendents of police who have served from 2023 till date in Mau district.

The bench noted that pursuant to its August 10 order, the incumbent superintendent of police of Mau was present in the court and has filed an affidavit dated August 29. “Accordingly, we direct the State of Uttar Pradesh to initiate departmental proceedings against the Superintendents of Police, Mau district, Uttar Pradesh, who served from 2023 till date, for such casual approach towards a duty cast upon them, especially in matters of trial.

“This leaves us in no doubt that the prosecution, which is accountable for producing witnesses, has been absolutely slack in its duty towards the court in the conduct of criminal trial,” the bench said in its September 21 order. The top court said it is basically the investigating agency which is under obligation to produce witnesses. “The court would indicate that if it finds that the charges served on the superintendents of police are only by way of formality, the court would take action against the competent authority who issues the said memo of charges to the superintendents of police, Mau district, Uttar Pradesh, who held the post from the year 2023,” it said.

The same shall be initiated within two weeks from today,” the bench said.

The petitioner had filed a petition before the high court seeking transfer of the probe in the case lodged at Mau in 2017 to the Central Bureau of Investigation or any other agency. The high court had disposed of the plea while noting the submissions of the state’s counsel that investigation in the case was concluded and a chargesheet had already been filed in the court.