Advocate CR Jaya Sukin, has moved the Supreme Court of India seeking a direction upon the Central Government to impose State Emergency under Article 356 of the Constitution in the state of Uttar Pradesh.
The plea has been filed in the backdrop of various incidents that took place in the state, over the span of one year, which as per Mr. Sukin indicate that “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.
Article 356 of the Constitution refers to failure of constitutional machinery in a State in which case, the President of India, on receipt of report from the Governor of the State or otherwise, may impose President rule thereof.
Mr. Sukin has primarily referred to the following incidents, to make out his case:
The heinous Hathras Gang Rape Case,
Illegal Detentions of Dr.Kafeel Khan,
Police excesses and human rights violations during AMU violence,
Erection of Name and shame banners against anti-CAA protestors,
Failure to ensure right to life and medical care to citizens, in reference to demise of an 8-month pregnant woman in Gautam Buddha Nagar due to non-availability of beds in hospitals.
“According to the National Crime Record Bureau’s “Crime in India” 2019 report, Uttar Pradesh 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,” the plea states.
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”, Mr. Sukin submitted.