F.I.R. be lodged against wrongdoers and department of UPPCL may be directed that victims may be provided compensation which may be recovered from the salary of concerned Executive Engineer ,S.D.O. and Junior Engineer of department of Uttar Pradesh power corporation limited. Whether human rights of citizenry is safe in the government of Uttar Pradesh.
04 November 2015
With due respect your applicant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that undoubtedly tragic incidence is because of carelessness of the staffs of Uttar Pradesh Power Corporation Limited. Please take the perusal of incidence.
2-It is submitted before the Hon’ble Sir that whether department of UPPCL can keep itself aloof from entire tragic episode merely on the ground that tragic incidence is consequent of nefarious design of few anti-social elements.
3-It is submitted before the Hon’ble Sir that whether government is not violating the fundament rights of citizenry by depriving them right to life. UPPCL is state subsidiary .
The Constitution of India provides Fundamental Rights under Chapter III
These rights are guaranteed by the constitution. One of these rights is provided under article 21 which reads as follows:-
Article 21. Protection Of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.
Though the phraseology of Article 21 starts with negative word but the word No has been used in relation to the word deprived. The object of the fundamental right under Article 21 is to prevent encroachment upon personal liberty and deprivation of life except according to procedure established by law. It clearly means that this fundamental right has been provided against state only. If an act of private individual amounts to encroachment upon the personal liberty or deprivation of life of other person. Such violation would not fall under the parameters set for the Article 21. in such a case the remedy for aggrieved person would be either under Article 226 of the constitution or under general law. But, where an act of private individual supported by the state infringes the personal liberty or life of another person, the act will certainly come under the ambit of Article 21. Article 21 of the Constitution deals with prevention of encroachment upon personal liberty or deprivation of life of a person.
This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.