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[Missing BHU Student] 'Searching Student Sincerely; Departmental Action Taken Against Erring Officers', Varanasi SSP Tells Allahabad HC [Read Order]

Sparsh Upadhyay
23 Sep 2020 9:01 AM GMT
[Missing BHU Student] Searching Student Sincerely; Departmental Action Taken Against Erring Officers, Varanasi SSP Tells Allahabad HC [Read Order]
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On Tuesday (22nd September) Amit Pathak, S.S.P., Varanasi submitted before the Allahabad High Court that a special team has already been constituted and efforts are on to search the missing BHU Student, namely, Shiv Kumar Trivedi.

The Bench of Justice Pritinker Diwaker and Justice Subhash Chandra Sharma was hearing the PIL filed in relation to a missing student from Varanasi, who allegedly disappeared from the Police custody more than Seven months ago.

Advocate Saurabh Tiwari, an alumnus of the Banaras Hindu University (BHU) had addressed a letter to the Chief Justice of Allahabad HC on 18th August, highlighting the plight of a poor father, who has been unable to establish contact with his son Shiv Kumar Trivedi, a 2nd year B.S.c. student at BHU, ever since February 12, 2020.

On Tuesday (22nd September), Varanasi SSP also submitted before the Court that the police is sincerely making efforts to get the whereabouts of the missing person.

He further submitted that suitable departmental action has also been taken against the erring officers.

He informed the court that some reasonable time be given to him so that further efforts can be made for searching the missing student.

Advocate Saurabh Tiwari's Statement

Talking to Live Law, Advocate Saurabh Tiwari told that during the hearing of the matter on Tuesday (22nd September), SSP Varanasi admitted before the Court that the missing Student was brought to Police Station and he, in fact, disappeared from Lanka Police Station (Varanasi).

The Court's order of Tuesday (22nd September) states that Advocate Saurabh Tiwari submitted before the Court that he may also be permitted to meet the S.S.P personally so that he can also give suggestions to the police for searching the missing person.

However, while talking to Live Law, Advocate Saurabh Tiwary claimed that this suggestion (to meet the S.S.P personally), in fact, came from the side of the Bench.

Notably, Advocate Saurabh Tiwari has been demanding a CBI probe into the matter. According to him, on the last 2 dates (i.e., on 03 September and on 25th August) the Bench had orally observed that if the local police is unable to find the missing student, it should be ready for a CBI probe in the matter.

The matter has been listed for further hearing on 12.10.2020.

On the said date, some responsible officer on behalf of the S.S.P, Varanasi has been directed to remain present in the Court who will have to apprise the Court about the latest progress in the investigation.

Developments in the Case

Significantly, the Allahabad High Court on Tuesday (25th August) had slammed the Police authorities for filing a 'vague affidavit' instead of giving a complete statement of facts that led to the disappearance of a BHU student from Varanasi.

The Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh had directed the Senior Superintendent of Police, Varanasi to remain personally present in the Court on the next date of hearing, i.e. September 3, 2020.

Further, on the last (03rd September) had again asked the Varanasi SSP to remain present before the Court in person, in connection to this case.

The Division Bench comprising Justice SK Gupta and Justice Shamim Ahmad took on record the affidavit filed by him and directed the Petitioner to file the rejoinder affidavit by next date.

Facts, as averred in the Letter Petition

Notably, as per the facts averred in the letter, Trivedi was picked up by certain police personnel from the M.P. Theatre ground, BHU on the said date and was taken to the Police Station Lanka, District Varanasi. Ever since there has been no sign of the student. His father made several complaints to senior police officials of Varanasi, registered IGRS complaints, etc. but in vain.

It is pointed out that Trivedi was picked up from the Theatre ground on the basis of a 112 call made by a fellow student, who reported that Trivedi was standing there in an unconscious/unusual way.

However, the Police kept denying that Trivedi was at the Lanka police station until production of proof of dial 112 call detail.

Case Details:

Case Title: Saurabh Tiwari v. State of UP

Case No.: PIL No. 819/2020

Click Here To Download Order

[Read Order]

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