Allahabad HC dismisses PIL seeking high-level probe into criminal Jeeva's murder

The HC bench comprising Justice Devendra Kumar Upadhyaya and Justice Jaspreet Singh asked the petitioner Moti Lal Yadav, a lawyer by profession, to approach the court if the investigation does not proceed appropriately.

The petition then urged the court to issue appropriate directions to the state government to constitute a High Level Officers' Committee headed by a sitting or retired Judge of the HC to investigate the murder.

He also requested the court to issue directions to investigate the case by an independent agency like Central Bureau of Investigation (CBI).

The court observed that the reported incident, which took place on June 7 within the Lucknow court is most unfortunate where an undertrial was murdered allegedly just in front of the courtroom.

 "Apart from such an incident being unfortunate, it raises serious concerns amongst all stakeholders including the members of the judicial fraternity which necessarily comprises the members of Bar as well," it said.

It observed, "It is a matter of grave concern that an undertrial, who was in the custody of the police, when brought to attend the trial did not find himself safe and was murdered."

The assailant entered the court premises dressed as a lawyer.

He was immediately apprehended by the vigilant lawyers 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 law fraternity in general, it said.

The court said, "Having observed as above, what we find in this case qua the prayers made in this writ petition is that the incident had occurred only six days ago and a First Information Report (FIR) in relation to the incident was lodged on the same day and for the purpose of investigation of the FIR Special Investigation Team (SIT) has been constituted which comprises of Higher Level Police Officers."

"We have been apprised by the learned Advocate General representing the state-respondents that the said SIT has vigorously and vigilantly been conducting the investigation into the FIR and it has also been provided all the requisite paraphernalia needed for appropriate investigation of the crime," it said.

The court observed, "Having regard to the fact that only six days have elapsed since lodging of the FIR and constitution of the SIT, we have no reason, at this juncture, to believe that investigation of the reported crime 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 SIT and the investigation being conducted by it."

It said, "Besides, having regard to the higher rank of the members of the SIT 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, "We are, thus, of the opinion that the prayers made in this writ petition cannot be granted at this juncture. Accordingly, we dispose of the writ petition with the liberty to the petitioner to approach the court at any future point of time in case the investigation of the reported crime does not proceed appropriately."

"We, however, would like to record our trust and hope that the investigation by the SIT shall be conducted in the appropriate direction,” the bench added.

Sanjeev Maheshwari, also known as Jeeva, a notorious criminal from western Uttar Pradesh, was shot down while being taken for a hearing in a police custody case inside the district court premises in the Kaisarbagh area of the state capital on June 7. Five people, including three police personnel, were also injured in the incident.

Chief Minister Yogi Adityanath has formed a Special Investigation Team (SIT) to investigate the brazen murder.

The SIT, comprising Additional Director General of Police (Technical) Mohit Agarwal, Joint Police Commissioner (Law and Order) Nilabja Choudhary, and IG Ayodhya Praveen Kumar, has been given a week ago to complete the investigation.

(With UNI inputs)