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Advocate CR Jaya Sukin has filed Writ Petition before the SC for issue a writ of mandamus or any other appropriate Writ or Order or Direction or any suggestion or observation or particularly the nature of Writ, by giving direction to the imposition of Article 356 of the Constitution of India in Uttar Pradesh State immediately.
The plea has been filed because as per the petitioner various incidents have taken place in the State, during the span of one year.
Contentions of the Petitioner
- A situation has arisen in which the government of the Uttar Pradesh State cannot be carried on in accordance with the provisions of the Constitution.
- The petitioner submitted that UP is “most unsafe state for women” in the country and referred to the National Crime Record Bureau’s “Crime in India” 2019 report, in which Uttar Pradesh has recorded the highest number of crimes against women. India reported 4,05,861 cases in 2019 and out of these, Uttar Pradesh had 59,853 such incidents.
- He mainly referred to the following incidents, to hint his case:
- Erection of Name and shame banners against anti-CAA protestors
- Failure to ensure the right to life and medical care to citizens, in reference to the demise of an 8-month pregnant woman in Gautam Buddha Nagar due to non-availability of beds in hospitals
- Failure to grant adequate protection to the victim in the Unnao rape case
- He also alleged that the State of UP has been proceeding and working in an illegal, arbitrary, high handed, whimsical and unfair manner for a long time, and is constantly abusing its authority, against the principles of Natural Justice and argued that “Such discrimination will amount to arbitrary and unreasonable exercise of power and the same shall not be in conformity Article 14, 16, 21 of the Constitution of India” and also abuse of authority, display of High-Handedness.
- It is alleged that injustice has been caused to the entire population of the state and their basic amenities have been affected due to “non-appreciation of relevant materials in an objective and impartial manner by the State of Uttar Pradesh“.
- Inter alia, he also pointed out some other inadequacy in the administration and hence seeks invocation of a State emergency, with immediate effect.