The Allahabad High Court has strongly reprimanded the CBI probing the death of Pujari Yadav in police custody and made a strong remark for not making concerted efforts to arrest the police officers accused of the murder.
The Division Bench of Justice Surya Prakash Kesarwani and Justice Vikas Budhwar passed this order while hearing a petition filed by Ajay Kumar Yadav in which the CBI filed affidavit dated November 10, 2021.
The Court observed that the affidavit is totally unsatisfactory and it indicates that no concrete effort has yet been made by the CBI to arrest the accused persons, who are policemen. In court order dated September 6, 2021, the court said it has noted the statement made on behalf of the State-respondents that the accused persons are absconding.
The Court noted, “In the filed affidavit details of police officials/ suspects/ accused persons have been given and it has been stated that all efforts are being made by conducting raids/ searches at their known addresses, examining their CDRs/ IPDRs and deploying sources to get their present locations for execution of NBWs. It has also been stated that arrest warrants have been issued by local police from the court of CJM, Jaunpur on September 6, 2021.
“Thus, more than two months have passed but the accused persons/ policemen against whom charge of murder has been levelled, have not been arrested.”
The Court further observed that the averment made by the CBI that efforts are being made, appears to be merely an eyewash in view of the stand taken on the last date of hearing as recorded in the order October 27, 2021 that the CBI used to arrest accused only after completion of investigation.
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In the affidavit filed, nothing has been disclosed with respect to the afore-noted stand taken by the CBI.
“The facts and circumstances of the case and the manner in which the respondent No.5 (CBI) is proceeding, are compelling us to pass a harsh order and to call for personal presence of respondent No.5 but we still feel it appropriate to give one more opportunity to the respondent No.5 to investigate the case properly and execute the arrest warrants without any further delay and to take all consequential action as provided in the Code of Criminal Procedure including the provisions of Sections 82 and 83, CrPC,”
-the Court said.
“Let an affidavit be filed on behalf of respondent No.5 on the next date in which the stand taken that “respondent No.5 used to arrest accused only after completion of investigation”, shall also be clarified. On the next date, a status report of investigation shall also be produced before us in a sealed cover,” the Court ordered. The Court has fixed the next hearing on November 29, 2021.