Section 326, Indian Penal Code, 1860:
- Whether the writ petition which was pending before the Allahabad High
Court can be transferred to the Hon'ble Supreme Court of India
- Whether the interlocutory order that was passed by the Allahabad High
Court can be further intervened?
- Whether the suo moto contempt proceeding initiated against the Chief Secretary
of Uttar Pradesh will be continued or will be quashed, as he has breached the
undertaking of the Hon'ble Supreme Court?
Voluntarily causing grievous hurt by dangerous weapons or means-Whoever, except
in the case provided for by section 335, voluntarily causes grievous hurt by
means of any instrument for shooting, stabbing or cutting, or any instrument
which, used as a weapon of offence, is likely to cause death, or by means of
fire or any heated substance, or by means of any poison or any corrosive
substance, or by means of any explosive substance, or by means of any substance
which it is deleterious to the human body to inhale, to swallow, or to receive
into the blood, or by means of any animal, shall be punished with
1[imprisonment for life], or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Section 435, Indian Penal Code, 1860:
Mischief by fire or explosive substance with intent to cause damage to amount of
one hundred or (in case of agricultural produce) ten rupees.-Whoever commits
mischief by fire or any explosive substance intending to cause, or knowing it to
be likely that he will thereby cause, damage to any property to the amount of
one hundred rupees or upwards 1[or (where the property is agricultural produce)
ten rupees or upwards], shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable
Section 438, Indian Penal Code, 1860:
Punishment for the mischief described in section 437 committed by fire or
explosive substance-Whoever commits, or attempts to commit, by fire or any
explosive substance, such mischief as is described in the last preceding
section, shall be punished with 1[imprisonment for life], or with imprisonment
of either description for a term which may extend to ten years, and shall also
be liable to fine.
Lucknow Bench of Allahabad High Court passed a Writ Petition No. 3576 (M/B) of
2006 in the subject to direct the State Government to maintain the status quo
and also notified some of the places where the Government can't conduct any type
of construction work. Shri Shankar Agrawal, Secretary, Housing, Government of
Uttar Pradesh issued an affidavit on the date 21/02/2008 regarding the same
construction work and thus the court issued notice against it.
notice also granted stayed on the order which the Division Bench of the
Allahabad High Court directed as an interlocutor order on 04/04/2008. Uttar
Pradesh then filed a transfer petition to the Supreme Court so that the matter
can be transferred to the same court for further proceedings which was pending
before the Lucknow Bench of the Allahabad High Court.
On 08/09/2009 the Supreme Court passed an order under which the undertaking of
the State was recorded which stated that there will be no further construction
held because of the subject matter that is pending before the Lucknow Bench of
the Allahabad High Court.
On behalf of the newspaper report, the court also
directed that every activity including repairing, construction, maintenance,
etc. must be stopped at every construction site which was covered under the
previous decision of the court, as well as all the places must be vacated within
On 06/10/2009, the Supreme Court issued a show cause notice against the Chief
Secretary, State of Uttar Pradesh for contempt of court and directed him to
justify why he should not be punished under contempt of court. The court has
issued the notice before only but the Chief Secretary hasn't followed the notice
to stop the construction and hence the court issued this show-cause notice.
Further, based on this show-cause notice, the Suo Moto Contempt Proceeding which
was registered earlier was held absolute under the orders of the Supreme
The Hon'ble Supreme Court heard the arguments of the state as well as the other
side and gave the verdict, firstly the Supreme Court confirmed that they were
not interfering with the orders which the Division Bench of the Lucknow Bench of
Allahabad High Court on the date 04/04/2008.
For the pending petition, the
Supreme Court requested the Allahabad High Court to establish a special bench to
consider that petition. In that manner, as the court will establish the special
bench, the transfer petition can be held null and void. The Supreme Court
suggested that the special bench must complete the proceedings within four
The Supreme Court ordered the Chief Secretary of the U.P. Government to file an
affidavit regarding the maintenance, cleaning, and other repairing issues that
must be done during that time the writ petition is pending. Thus Mr. V.K.
Sharma, acting Chief Secretary of the U.P. Government has issued the notice
including all the pending works over the different projects.
After the Chief
Secretary issued the notice, the Supreme Court clarified that it will not permit
the State Government to work for all the listed projects and further, the list
will be filtered in a manner that only the necessary projects will be granted
The Hon'ble Supreme Court observed the reply of the Chief Secretary, of Uttar
Pradesh which was against the show-cause notice regarding the contempt. The
Supreme Court observed that there was no any construction held against the
court's order and therefore the proceeding of contempt can't be justified in
this case. Hence the Supreme Court discharged the suo moto notice which was
issued to the Chief Secretary of Uttar Pradesh regarding the contempt of court.
Hence in the case of State of Uttar Pradesh and Others Vs. Gomti Nagar Jain
Kalyan Maha Samiti, the Hon'ble Supreme Court disposed of the Special Leave
Petition, Transfer Petition, and Contempt Petition. Further, the court also
clarified that the order by the Supreme Court will anyhow not affect any other
pending proceeding of the court.
- (2021), https://www.casemine.com/judgement/in/5609aee9e4b01497114151c2
- Section 326, Indian Penal Code, 1860
- Section 435, Indian Penal Code, 1860
- Section 438, Indian Penal Code, 1860
- State of U.P. and Others v Gomti Nagar Jan Kalyan Maha Samiti and Others on 09 February 2010 - Judgement - LawyerServices, Lawyerservices.in (2021), https://www.lawyerservices.in/State-of-UP-and-Others-Versus-Gomti-Nagar-Jan-Kalyan-Maha-Samiti-and-Others-2010-02-09
- (2021), https://www.latestlaws.com/latest-caselaw/2010/february/2010-latest-caselaw-126-sc/