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The Allahabad High Court on Monday observed that the pursuit of life, liberty and peace includes freedom from crime and State’s foremost duty is to provide these basic rights to each citizen.

Bench of Justice Pradeep Kumar Srivastava stated that the success of a Criminal Justice System can only be measured by how successful it is in ensuring these rights in word and spirit. "The extent to which these rights are successfully protected, will be reflected in the confidence of the public in the system," Court said.

The court made the above observations while rejecting the bail applications of two policemen who allegedly leaked information to Gangster Vikas Dubey about the impending police raid in the infamous Bikaru Kand.

Noting that witnesses' statement as recorded by the Investigating Officer in the matter state that both the policemen co-conspired with the gangster to humiliate and give lesson to Circle Officer of Bilhour to score their personal grudge with the Circle Officer, the court highlighted the issue of organized crime and said that organized crime should be treated differently from traditional individual criminality.

Court stressed that this case raises certain serious questions which relate to the administration of the criminal justice system in the country with reference to organized crime and criminals and the role and efficiency of police force in combating the problem.

Talking about the individuals who participate in such crimes court said that it is a section of society that seeks to operate outside the control of the people and government and it is a self-perpetuating, continuing criminal conspiracy for profit and power, using fear and corruption and seeking protection from law.

However, the court also pointed out the recent developments in tackling this issue. Court observed that the past few years have been particularly eventful, with a number of positive developments having taken place towards a solution of the problem and the state appears to have observed zero-tolerance policy towards organized crime and criminals.

Court stated that strict and rigorous steps have been taken to break and demolish financial network of gangsters. "In future, this shall certainly bring about more and more positive results towards restricting criminal activities and organized crime," Court noted. 

Further, discussing the issue, the court also highlighted the role of degrading political morality which eventually leads to these kinds of incidents. 

Court said that crime, corruption and population are three major problems the society is facing at present. "Against crime and corruption, the State must continue with the policy of zero tolerance," Court added. 

Court stressed that the political parties should rise above board against crime and corruption without being influenced by consideration of “his man” and “our man.” Court said that this approach will not only undermine rule of law but will also damage the democratic setup of the nation.

"There is a concerning trend that one or other political party welcomes gangsters and criminals involved in organized crime in the party and try to back and protect them, painting and spreading an imaginary image of Robinhood," Court noted. 

Highlighting that these so-called Robinhoods cum Gangsters are given tickets to contest elections and sometimes they win also, court held that this trend needs to be stopped as soon as possible.

Court observed, 

"All the political parties should sit and together a decision is required to be taken by them that gangsters and criminals will be discouraged in politics and no political party will give ticket to them in public elections."

Court further added that the political parties should rise to the occasion and must guide themselves keeping in view that there cannot be a concept of “my criminal” and “his criminal” or “my man” and “his man,” as a gangster is gangster only and is required to be condemned from all corners.

"We must have the idea in mind that if we are entrusted with responsibility of nation building, our responsibility is to think about the future generation to whom we have to handover a legacy. We need to ponder what kind of nation and society we want to leave for our future generation," Court stated. 

Therefore, stressing upon the urgency of dealing with the issue, court concluded that a sooner decision is necessary lest one day these gangsters and criminals will become “Bhasmasur” and will give such serious dent to the country and democratic set up which cannot be repaired.

Case Title: Vinay Kumar Tiwari v. State of UP and K. K. Sharma v. State of UP

Read More: [Vikas Dubey Encounter] Allahabad High Court rejects bail of policemen alleged to have leaked information to Gangster about impending raid