Phoolan Files Plea Challenging Courts Jurisdiction

Bandit-turned-politician Phoolan Devi, MP, wanted on a non-bailable warrant of arrest by a Kanpur court, yesterday filed two petitions in the Allahabad High Court, challenging the jurisdiction of that court to try her and seeking stay on proceedings therein.

The hearing on the petitions are expected to take place next Tuesday.

The petition under Article 226 of the Constitution, filed before justice G P Mathur, challenges the jurisdiction of the special judge (anti-dacoity), Kanpur Dehat, to try her, while the one under Section 482 CrPC filed before justice R N Ray seeks stay on proceedings in that court against various charges of murder and dacoity against Phoolan Devi.

 

The special judge has fixed February 17 for compliance of the arrest warrant against Phoolan Devi, whose whereabouts are not known.

The petition pleaded that the Dacoity Affected Area Act had been enacted only in 1983 while the alleged offences by Phoolan Devi had been committed before that and so she could not be tried under that Act.

She claimed that she had already been in jail for 11 years and pendency of trials against her amounted to violation of her fundamental rights.

Earlier, the sessions judge, Kanpur, had rejected the UP governments application for withdrawing cases against phoolan following her surrender as a bandit and the revision petition filed by the state government was also rejected.

Following this, the special judge issued a non- bailable warrant against Phoolan Devi, who had since joined politics and become an MP.