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Sushil Kumar Srivastava, Adv. vs State Of U.P. And Others

High Court Of Judicature at Allahabad|28 January, 1999


JUDGMENT M. Katju and S. L. Saraf, JJ.
1. Heard learned counsel for the petitioner and the learned standing counsel.
2. The petitioner is an advocate of this Court and he has filed this petition against the illegal realisation of an amount of money which is described as 'Goonda Tax'. The petitioner has alleged in paragraphs 4 to 11 of the writ petition that while travelling from Allahabad to Gorakhpur in connection with a marriage and on the return Journey, at several places 4-5 persons along with Dandas and Lathis stopped the bus and forcibly realised Rs. 30-60/ at such places as Goonda tax arid illegal money. When the petitioner and other persons objected to that, filthy words were given to them and they were threatened with dire consequences. It is alleged in paragraph 7 of the petition that the driver of the bus Rajendra Prasad Sharma was manhandled and snatched from the bus. It is alleged that such hold-ups are often taking place for realisation of illegal money on national highways. The petitioner has given details in paragraph 10 of the writ petition when such incidents happened on 4th and 5th December. 1998 when he had gone in a marriage party. The petitioner has alleged that Mafia and musclemen are extorting money from thousands of vehicles on the road and causing harassment to the public and the police are mere spectators.
3. In our opinion, the allegations are quite serious. This kind of forcible extortion of money is wholly illegal and has to be stopped forthwith. We have also been informed that shopkeepers, hotel keepers and other businessmen are forced to pay Goonda tax regularly to Goondas and Goondamen. This is hindering the progress of business and commerce in the State because of which the State has remained backward. This situation can no longer be tolerated by this Court. We. therefore. direct the State Government and in particular, the Chief Secretary, the Home Secretary, and the Director General of Police. U. P. to deal with the law and order problem and take stern action against this kind of hooliganism and illegal realisation of money throughout the State. They will direct the District Magistrates and the Senior Superintendents of Police in all districts of the State to take stern action fn the matter.
4. With the above directions the writ petition is disposed of.
Learned Standing Counsel as well as the Registrar of this Court will send copies of this order to the Chief Secretary, the Principal Home Secretary and Director General of Police, U. P. forthwith.
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Sushil Kumar Srivastava, Adv. vs State Of U.P. And Others


High Court Of Judicature at Allahabad

28 January, 1999
  • M Katju
  • S Saraf