The Indian Express (Delhi Edition)
UP judge suspended for Prajapati bail
HC says the judge showed haste in releasing the former minister in rape case
THE ALLAHABAD High Court has suspended Lucknow’s Additional District Judge Om Prakash Mishra, who had granted bail to former UP minister Gayatri Prajapati and his two aides on April 25 in a case where a woman was allegedly gangraped and an attempt was made to molest her minor daughter.
A departmental probe has been ordered into the matter.
The suspension order of Justice Mishra — who is set to retire on April 30 — was passed on Friday at the High Court’s Lucknow bench after Chief Justice Dilip B Bhosale heard the prosecution’s petition challenging the bail order. The chief justice went on to cancel the bail to Prajapati and his two aides — Amrendra Singh alias Pintoo Singh and Vikas Verma.
Verma, a contractor, is the son of Additional City Magistrate T P Verma, posted in Lucknow. Singh, on the other hand, was Prajapati’s representative in Amethi. The court will hear the case next on May 12.
“After considering several issues, including granting of bail to Gayatri, the HC suspended Additional District Judge Om Prakash Mishra on Friday. A departmental inquiry has been ordered against him,” High Court Registrar General Dinesh Kumar Singh said.
On April 25, Justice Mishra had granted bail to the three, saying that prima facie the allegations could not be established through circumstantial evidence.
The court had also questioned the victim’s version that she was sexually harassed by the accused for three years but never lodged a police complaint. He added that no application was moved in the court, stating that police were not taking action, which “establishes the fact of her silent consent for the relation”.
Though bail was granted, Prajapati could not be released from prison as he faced arrest warrants in two other cases. Amrendra Singh and Vikas Verma, however, were released. All three were lodged at Lucknow District Jail.
On Friday, while hearing the petition challenging the bail, Chief Justice Bhosale observed: “I may, however, observe that the manner in which the learned judge has shown haste in releasing the accused on bail, ignoring the nature of offence allegedly committed by the respondent accused and the fact that the crime came to be registered against these accused by virtue of the order of the Supreme Court dated 17.2.2017, I have my reservations about the bonafides/intention of the learned judge, who is about to retire on 30.4.2017.”
Lucknow SSP Deepak Kumar said: “A special investigating team led by a Deputy Sp-rank officer was set up today to investigate the cases against Prajapati and the other accused.”
“We are looking for Amrendra Singh and Vikas Verma, who are out on bail,” said Hazratganj police Circle Officer A K Mishra, the investigating officer in the case.
On the direction of the Supreme Court, the Lucknow Police, on February 18, had lodged an FIR against Prajapati and his six associates for allegedly gangraping a woman and attempting to molest her daughter.
Prajapati was arrested on March 15 from Lucknow. Police are yet to file the chargesheet in the case.