The Supreme Court has directed the transfer of trial from Uttar Pradesh to a CBI court in Delhi in the matter of death of a Kanpur businessman during a police raid in which six policemen have been charged with murder.
The bench of Justice D.Y. Chandrachud and Justice A.S. Bopanna passed the order. On November 5, the Supreme Court had issued notice to the Ministry of Personnel, Public Grievances and Pensions and the State of Uttar Pradesh in a petition seeking expeditious CBI probe into the alleged murder of Manish Gupta, a Kanpur-based property dealer.
According to the police, they had information on “suspicious” men living at a Gorakhpur hotel. Pursuant to the same, they entered the room where Manish Gupta was staying with his two friends to check their identities. They further claimed that Manish Gupta was drunk and while they were questioning the three men, he fell and suffered a head injury. He was taken to the BRD Medical College where he died while undergoing treatment.
On last date of hearing, the petitioner has also prayed that the trial should be conducted by the CBI court in Delhi as continuing the trial within Uttar Pradesh would not be conducive to a fair trial and a just outcome in as much as the accused are powerful and well-connected police personnel.
The facts of the case state that the petitioner’s husband was on a visit to Gorakhpur, Uttar Pradesh and was staying at the Krishna Palace Hotel. SHO Jagat Narayan Singh, Sub-Inspectors Akshay Mishra, Vijay Yadav and Rahul Dubey, Head Constable Kamlesh Yadav and Constable Prashant Kumar arrived at the hotel in the late hours of the night. In a shocking display of high-handedness and police brutality, they proceeded to assault the petitioner’s husband, leading to his death, the petition claimed.