Where there’s a will...
For years, Uttar Pradesh’s governance has been synonymous with a culture of ‘bulldozer justice’, fake encounters, arbitrary arrests and a blatant disregard for the rule of law. Rather than adhering to constitutional principles, the bureaucratic interpretation of justice often bent to political convenience. Recently, and remarkably, judicial intervention — led notably by Justice Atul Sreedharan of the Allahabad High Court — is beginning to restore faith in the courts.
Justice Sreedharan has critically challenged many actions of the state that infringed on citizens’ fundamental rights, particularly religious freedom, and has openly chastised officials for failing in their primary duty to maintain law and order without violating constitutional guarantees. His bold judgments and outspoken observations serve not only as remedies to specific injustices but also as a clarion call for systemic change.
Consider Sambhal. When the district administration issued an order limiting the number of people offering prayers at a mosque during Ramzan, the court simply asked the additional advocate-general, “Are such restrictions placed in temples? A stampede occurred at the Maha Kumbh Mela (last year in Prayagraj), did you restrict two persons per three square feet there? If the Hindus are praying in their houses, can they be stopped from doing so?”
When the state government defended the restriction on the grounds of maintaining law and order, the court’s observation was piercing. Justice Sreedharan said, “If the superintendent of police (SP) and district magistrate (DM) believe that a law-and-order situation may arise due to a large number of people offering prayers inside the premises, they should either resign from their posts or seek a transfer out of Sambhal.” He reminded the law officers that it is the duty of the State to ensure law and order in all circumstances.
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