SANDEEP KUMARYADAV Vs. STATE OF U P

JUDGEMENT

(1.) We have heard learned counsel for the petitioner, Shri R.P. Srivastava, learned counsel appearing for respondent No. 7 and learned Additional Government Advocate.

(2.) Earlier on 9.5.2006 after hearing the learned counsel for the petitioner and learned A.G.A. and examining the short counter affidavit filed by N.C. Tripathi, Deputy Secretary, we had stayed the operation of the order dated 31.3.2006 passed by the State Government whereby the investigation, which was earlier transferred from the local police at the instance of Mahendra Nath Yadav, the accused respondent No.7. on 27.1.2005, had again been retransferred to the local police. Prima facie those orders appeared to have been passed due to improper political interference in the matter at the instance of the accused in a case under section302 IPC who was the President of the Student Union, Shiv Harsh Kisan P.G. College, Basti, a member of the Zila Panchayat and the 'Lohiya Vahini Manch' of the Samajwadi Party. The documents filed with the short counter affidavit of N.C. Tripathi, Deputy Secretary, reveal that the transfer from the CBCID to the local police and vice versa on the request of the respondent No. 7 had the support of Chhavi Raj Yadav Ex-Senior Vice-President of the Samajwadi Party, district Basti.Shri Balram Yadav, Minister, Panchayat Raj and Shri Raj Kishore Singh, Minister, Udyan Vibhag, U.P.

(3.) The extent of political interference is apparent from the fact that at the instance of the accused the investigation has been transferred not once, on 27.1.05 when it was earlier transferred to the CBCID, but twice, when it has again been re-transferred on 31.3.06 to the local police, as it was no more convenient for the accused that the investigation be completed and charge sheet be submitted as the investigation by the CBCID was reaching culmination.