In a significant legal development, the Allahabad High Court has dismissed criminal proceedings against Uttar Pradesh minister Daya Shankar Mishra, also known as Dayalu Mishra, related to alleged violations during the 2012 state assembly elections.
Case Background and FIR Details
The controversy dates back to January 11, 2012, when police sub-inspector Narendra Singh filed an FIR at Kotwali Sadar police station in Varanasi. The complaint alleged that Mishra, who was then a Congress candidate from the city south seat of Varanasi, had installed a massive campaign hoarding on an electric pole.
This action was accused of constituting both a violation of the model code of conduct and damage to public property during the heated election period. Interestingly, Mishra later switched political allegiance, joining the Bharatiya Janata Party (BJP) in 2014.
Court Proceedings and Legal Arguments
While hearing the petition filed by Mishra, Justice Dinesh Pathak delivered a decisive judgment on November 28, offering sharp criticism of the case foundation. The judge observed that "no prima facie case is made out against the present applicant for the alleged offences."
During the court proceedings, Mishra's counsel, Satyendra Kumar Singh, presented compelling arguments highlighting the lack of substantive complaints. He emphasized that neither officials from the Election Commission of India, Nagar Nigam, nor the electricity department had filed any formal complaint regarding the allegedly installed hoarding.
Furthermore, no rival candidates contesting the assembly election or any member of the public had raised objections about the same campaign material mentioned in the FIR.
Judicial Reasoning and Final Ruling
Justice Pathak's judgment contained strong language questioning the very foundation of the case. The court noted that witnesses had merely repeated the version presented in the FIR without adding substantial evidence.
"More so, no member of the public or official of the electricity department or local body have been investigated to substantiate the allegation made in the FIR," the judgment stated.
The court concluded that proceeding with the case would constitute "an abuse of the process of court" and would "result in injustice and prevent cause of justice." In a particularly strong statement, Justice Pathak described the allegations in the FIR as "absurd and inherently improbable" for compelling the applicant to face trial.
This ruling effectively brings closure to a legal battle that has persisted for over a decade, quashing all criminal proceedings that were pending against the UP minister at the Varanasi court.
