14 Jun 2023 8:29 AM GMT
The Allahabad High Court on Monday refused to transfer the probe into the daylight killing of 48-year-old alleged Gangster Sanjeev Maheshwari (alias Jeeva) inside the Lucknow Court premises on June 7, to the Central Bureau of Investigation (CBI). The bench of Justice Devendra Kumar Upadhyaya and Justice Jaspreet Singh said that only six days have elapsed since the lodging of the FIR...
The Allahabad High Court on Monday refused to transfer the probe into the daylight killing of 48-year-old alleged Gangster Sanjeev Maheshwari (alias Jeeva) inside the Lucknow Court premises on June 7, to the Central Bureau of Investigation (CBI).
The bench of Justice Devendra Kumar Upadhyaya and Justice Jaspreet Singh said that only six days have elapsed since the lodging of the FIR in the matter and the constitution of the Special Investigation Team (SIT) and in such a short span of time, it is not possible to draw an inference that the probe will not proceed appropriately and in the right direction.
“In such a short span of time, it will not be possible for the Court to draw any inference in respect of the functioning of the Special Investigation Team (S.I.T.) and the investigation being conducted by it. Besides, having regard to the higher rank of the members of the Special Investigation Team (S.I.T.) which they occupy, we, at this juncture, also do not have any reason to believe that the investigation shall not proceed in the right perspective,” the Court said as it expressed a hope that the SIT shall be conducted in the appropriate direction with the expedition.
However, the Court did grant the liberty to the petitioner- Moti Lal Yadav to approach the Court at any future point in time in case the investigation of the reported crime does not proceed appropriately.
Essentially, Yadav had moved the HC seeking appropriate directions to the respondents to constitute a High-Level Officers' Committee to be headed by a sitting or retired Judge of the High Court to investigate the incident.
A further prayer in the writ petition was to issue necessary directions to get the investigation of the crime conducted by some independent agency like the CBI.
At the outset, the Court termed the incident as most unfortunate as it noted that Jeeva was murdered during Court hours allegedly just in front of the Courtroom, which raises serious concerns amongst all stakeholders including the members of the judicial fraternity which necessarily comprises the members of the Bar as well.
“It is a matter of grave concern that an under-trial, who was in the custody of the Police, when brought to attend the trial did not find himself safe and was murdered. As per the reports in the media, the assailant or the accused had entered the Court premises in a lawyer's uniform, though he was immediately apprehended by the vigilant lawyers present in the Court premises after the incident, however, his entry into the Court premises in robes compounds the concern to be shared by all stakeholders including the Home Department of the State and District and Police administration as also the Bar association concerned and the Bar Council of Uttar Pradesh and the lawyers fraternity in general,” the Court said.
Having observed thus, the Court further noted that the SIT is conducting the investigation vigorously and vigilantly, the Court found it appropriate to let the SIT continue with the investigation.
Counsel for Petitioner: In Person
Counsel for Respondent: Advocate General Ajai Kumar Misra, CSC Shailendra Singh and Additional Chief Standing Counsel Amitabh Rai
Case title - Moti Lal Yadav vs. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Home, Lucknow And 3 Others 2023 LiveLaw (AB) 186 [PUBLIC INTEREST LITIGATION (PIL) No. - 572 of 2023]
Case Citation: 2023 LiveLaw (AB) 186
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