Allahabad High Court has directed the Investigating Officers in Siras Case

ALIGARH May 15: The Allahabad High Court has directed the Investigating Officers in Siras Case not to lay hand or arrest Prof. M. Zubair Khan, Dr. Rahat Abrar, Dr. Fareed Khan and Prof. N. A. K. Durrani, Proctor, PRO, Deputy Proctor and Media Advisor respectively of Aligarh Muslim University unless he collects credible information against them with respect to crime in case crime nos. 202/2010 under sections 347, 352, 452, 454, 455, 457, 458, 506, 34 and 120-B of IPC, PS Civil Lines, Aligarh.

The above orders have been passed by the Bench comprising Mr. Justice Vinod Prasad and Mr. Justice Rajesh Chandra after hearing Senior Advocate Mr. S. M. A. Kazmi assisted by Mrs. Tahira Kazmi and Mr. S. I. Siddiqui advocates.

Learned Senior Counsel, Mr. S. M. A. Kazmi informed the University that the Court has, however, opined that the investigation in view of the disclosure of cognizable offence in the FIR should proceed in fair and impartial manner. The Court refused the primary relief of quashing the FIR. Arguing on behalf of petitioners it was pointed out by Mr. Kazmi that the complainant Dr. Siras as per admitted version in the FIR was indulging in the act of homosexuality with a rickshaw puller. A sting operation by some media persons including one Adil Murtaza was conducted. The above four petitioners/ high officials of the University had gone on the spot on receipt of the report in discharge of their functions and duties as Proctors and PROs of the University and submitted a report next morning before the Vice Chancellor of the University who put Siras under suspension on 9.2.2010.

Dr. Siras was served with a chargesheet on 24.2.2010. Apparently he had filed the FIR on 4.3.2010 as an after-thought to save his face and skin by alleging that as soon as the sting operation was complete the aforesaid Professor came on the spot without his invitation which act smacks of their collusion. The suspension order was stayed by High Court on 1.4.2010 on a writ petition filed by Dr. Siras in pursuance of which his reinstatement ordered were passed on 5.4.2010, however, Dr. Siras died on 7.4.2010. The CJM Aligarh passed the orders for registration of FIR filed by Dr. Siras on 4.3.2010 and the same was registered on 9.4.2010. One of the media personnel Adil Murtaza came to High Court through his council Meraj Ahmad seeking quashing of FIR and arrest stay which was dismissed.

Mr. Kazmi while arguing before the bench further pointed out that the present case of Professor is distinguishable for the reason that they all are the administrative authorities of the University and their arrival on the scenario was in the discharge of their duty. In this backdrop, the bench passed the aforesaid order.