Monday, December 11, 2023

Jawahar Bagh deaths: Plea in SC to ask CBI to complete investigation in 2 months

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Archana Dwivedi, widow of Mukul Dwivedi, former SP of Mathura, has filed a petition in the Supreme Court, wanting the court to direct the Central Bureau of Investigation (CBI) to complete its investigation in the Jawahar Bagh violence case in two months.

Mukul Dwivedi was one of 30 people killed in the violence.

The petitioner has submitted that on March 2, 2017, the Allahabad High Court had the directed the CBI to constitute two teams to complete the investigation within two months. However, 40 months have passed and yet the powerful politicians and top officials of the state have not been interrogated.

Jawahar Bagh, a government property situated in the heart of Mathura City, was under wrongful occupation by Ram Briksh Yadav and his criminal associates for more than two years. However, no sincere effort was ever made to vacate it, because he enjoyed protection of the then ruling political party. Due to the political-cult nexus, state authorities had even ignored the order of the High Court to vacate the park. Authorities came into action only in 2016, when a contempt application was filed to get the park.

Accordingly, a plan was chalked out by senior administrative and police officers. However, the powerful politicians of the state were interested to scuttle the plan by creating a serious law and order situation beforehand. Therefore, on their instructions, on June 2, 2016, the then DM and SSP Mathura abruptly ordered the petitioner’s husband, Late Mukul Dwivedi (the then SP City) to go with only a few policemen and without firearms to break the boundary wall and assess the extent of reaction. This resulted in extreme violence in which petitioner’s husband Mukul Dwivedi, SHO Farah Sh. Santosh Yadav were brutally killed and many others were injured.

The petitioner has alleged that no punitive action has been taken against the then DM and SSP Mathura who intentionally asked the petitioner’s husband to take action to vacate the park with unarmed policemen. The petitioner finds a larger conspiracy. The petitioner has also submitted that there appears to be huge pressure on the CBI to protect delinquent politicians and top officers.

Ram Briksh Yadav and his associates had political and bureaucratic patronage and as such, there is less chance of a fair and complete investigation. Petitioner’s husband was under tremendous pressure due to political-cult nexus and higher authorities

The petitioner has further submitted that under mysterious circumstances, her husband was ordered to get the boundary wall of Jawahar Bagh broken a day prior to the scheduled operation. He was accompanied by only a few newly recruited policemen, armed with only lathis. The senior officers did not permit firearms due to which his armed gunmen, escort party and even his service revolver was not with him. This is very suggestive of a larger criminal conspiracy.

Hence the petitioner has sought directions to the CBI to constitute a team comprising of adequate number of officers to investigate gigantic the incident within two months.

It has further been urged to direct the CBI to constitute a team for comprehensive investigation with regard to the unexplained inaction on the part of the State to take prompt action on the intelligence inputs and communications.

-India Legal Bureau

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