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मुकुल द्विवेदी की पत्नी अर्चना द्विवेदी ने यूपी पुलिस की जांच पर जताया अविश्वास, सीबीआई के हवाले मामले को सुपुर्द करने की अपील की....

मथुरा के जवाहर बाग में हुई हिंसा की सीबीआई द्वारा जाँच कराने की मांग पर शहीद मुकुल द्विवेदी की पत्नी अर्चना द्विवेदी की तरफ से वरिष्ठ अधिवक्ता और उत्तर प्रदेश के पूर्व महाधिवक्ता वीसी मिश्र ने हाईकोर्ट में बहस किया। उन्होंने प्रदेश सरकार पर गंभीर आरोप लगाए। उन्होंने कहा कि मथुरा कांड कोई कानून व्यवस्था का मामला नहीं है बल्कि यह एक बड़े नेता द्वारा 300 एकड़ में फैले पार्क पर कब्जा करने की साजिश का परिणाम है।

जवाहर बाग पार्क की बाजार कीमत 5000 करोड़ रुपये है। शहीद मुकुल द्विवेदी की पत्नी ने अपनी याचिका में आरोप लगाया है कि उनके पति राजनीतिक साजिश के शिकार हुये हैं जिसमें प्रदेश के दो बड़े नेता शामिल हैं। इस मामले में राज्य के दो बड़े नेता शामिल हैं और उनसे आजतक पूछताछ नहीं की गयी। इसीलिये पुलिस जाँच पर कोई भरोसा नहीं है और सीबीआई जाँच के बिना उन्हें न्याय नहीं मिलेगा।

सुनवाई के दौरान महाधिवक्ता विजय बहादुर सिंह ने कहा कि शहीद मुकुल द्विवेदी की पत्नी की तरफ से बहस कर रहे वीसी मिश्रा सरकार पर गलत आरोप लगा रहे हैं क्योंकि उन्हें इसी सरकार ने महाधिवक्ता पद से हटा दिया था। इस पर मिश्रा ने जवाब दिया कि वह इसी सरकार में महाधिवक्ता रह चुके हैं इसीलिये जानते हैं किस प्रकार पिछले पांच वर्ष में सरकारी जमीनों पर कब्जा किया जा रहा हैं। उन्होंने कहा कि इस हिंसा की मुख्य वजह बाबा जय गुरुदेव की अरबों रुपये की चल-अचल संपत्ति है जिस पर दो बड़े नेताओं में आपस में शीत युद्ध चल रहा है।

मुख्य याचिकाकर्ता अश्विनी उपाध्याय की तरफ से बहस करते हुये अधिवक्ता राजीव लोचन शुक्ल ने कोर्ट को बताया कि 101 लोगों की गिरफ्तारी हुयी है लेकिन किसी में भी नियम और कानून का पालन नहीं हुआ है। पुलिस कस्टडी में मृत्यु होने पर न्यायिक जाँच जरूरी होती है लेकिन वह भी नहीं हुयी। पोस्ट मार्टम रिपोर्ट भी अधूरी है। जो प्रपत्र 2013 में बंद हो चुका है उस पर पोस्टमार्टम रिपोर्ट जानबूझ कर भरी गयी। याचिकाकर्ता विजयपाल तोमर की तरफ से अधिवक्ता अमित डागा और क्षमा दूबे की तरफ से अधिवक्ता अमित सक्सेना ने बहस किया। अंतिम सुनवाई 6 फ़रवरी को होगी।

याचिका इस प्रकार है...

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
INTERLOCUTORY APPLICATION NO… OF 2017
ON BEHALF OF APPLICANT:
Archana Dwivedi, aged About 43 years, w/o late Sh Mukul Dwivedi, Resident Of 3G, Officers Colony, Block-A, Sector Gamma-1, Greater Noida-201306,UP, Ph-9456278792
IN
PUBLIC INTEREST LITIGATION (CRIMINAL) 14226 / 2016
DISTRICT-MATHURA
IN THE MATTER OF:
Ashwini Kumar Upadhyay    , s/o Suresh Chandra Upadhyay
G-284, Govindpuram, Ghaziabad-201013         
…Petitioner
VERSUS
State of UP,  Through the Chief Secretary,
Shastri Bhawan Secretariat, Hazarat Ganj, Lucknow-01   
Union of India, Through the Secretary,
Ministry of Home Affairs, North Block, New Delhi-01                                           
..Respondents
APPLICATION FOR IMPLEADMENT AS PETITIONER
AFFIDAVIT ON BEHALF OF:

…Deponent

To,
HON’BLE CHIEF JUSTICE
AND LORDSHIP’S COMPANION JUSTICES
OF HON’BLE HIGH COURT OF ALLAHABAD
HUMBLE APPLICATION OF ABOVE-NAMED APPLICANT 
THE MOST RESPECTFULLY SHOWETH AS UNDER:
That applicant requests for this Hon’ble Court monitored C.B.I. investigation into Case Cr. No. 0242 u/s 147/ 148/ 149/ 307/ 302/ 336/ 332/ 333/ 436/ 186/ 188 I.P.C.  dated 02.06.2016 P. S. Sadar Bazar, District Mathura in which applicant’s husband Sh. Mukul Dwivedi, Additional Superintendent of Police-Mathura was brutally murdered.
That Jawaharbagh Park, which is a government property, situated in the heart of Mathura City, had been under wrongful occupation by one 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 powerful politicians the State. Due to the political-cult nexus, State authorities ignored the Order of this Hon’ble Court to vacate the park. Authorities came into action only in 2016, when Contempt Application was filed to get the Park vacated. Accordingly a plan was chalked out by Senior Administrative and Police Officers. However, the powerful politicians of the State interested to scuttle the plan by creating a serious law and order situation beforehand. Therefore on their instruction, on  02.06.2016, the DM and SSP Mathura abruptly ordered applicant’s husband Additional SP late Sh. Mukul Dwivedi to go with only a few policemen without firearms to get the boundary wall broken and assess the extent of reaction. This resulted in extreme violence in which applicant’s husband Sh. Mukul Dwivedi and SHO Farah were brutally killed and many others were injured.
That State Government initially ordered an enquiry by the Divisional Commissioner and later announced a judicial enquiry by a retired Judge when applicant demanded CBI investigation. It was said that the judicial enquiry would be completed within two months. However, seven months have been passed and yet applicant, powerful politicians and top officials of the State have not been interrogated. No punitive action has been taken against the D.M. and S.S.P. Mathura who intentionally ordered applicant’s husband to take action to vacate the park with unarmed policemen. Applicant finds a larger conspiracy in this matter and believes that truth will not come out if State Police will investigate the matter. The judicial enquiry and State police investigation is an eyewash and meant to protect delinquent politicians and top officers.
That Ram Briksh Yadav and his associates had political and bureaucratic patronage and as such, there is no chance of an impartial and honest enquiry by State Police.
That applicant’s husband was under tremendous pressure due to political-cult nexus and higher authorities. He was not eating properly in the last few days before he was brutally killed. On one hand, he was given responsibility of vacating Jawahar Bagh and on the other side, senior officers restrained him to take stern steps. Under mysterious circumstances, he 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 lathis only. The senior officers did not permit firearms that’s why his armed gunmen, escort party and even his service revolver was not with him. This is very suggestive of a larger criminal conspiracy against in this matter.
That policemen have witnessed this gigantic violence so an investigation by UP Police itself is bound to be influenced by politicians and top officers. Till date, no punitive action, even suspension has been taken against the higher State authorities, accountable for this gigantic violence that is why applicant has every reason to doubt the credibility and fairness of the State Police investigation. 
That nobody contacted the applicant for any interrogation and even her husband’s and SHO Farah’s phone call records were not examined till date.
That the forensic investigation such as DNA test, does not appear to be done so it is not clear whether the main accused Ram Vriksh Yadav is dead or alive. Neither his nor his close associate’s phone call details were examined.
That there are more than two dozen cases against Ram Vriksh Yadav in Mathura only and many other cases are pending in other districts throughout the State. However, police was not permitted to file charge sheet against him.
That there were more than 80 intelligence reports against the criminals but police was not permitted to take appropriate steps to vacate the park. Evidence at site of the violence have been destroyed by authorities itself to snap links leading to politicians and higher officers.
That  squatters, an armed group led by Ram Vriksh Yadav, occupied the park in January 2014 and was running parallel government within the park with armed men but the top State administration was unwilling to act against him.  It is necessary to state that SP-Mathura Office, SDM Office, DM-Mathura Office, District Court, Police Control Room, Reserve Police Line and Jail is near by the Jawahar Bagh Public Park.
That even the top most authorities received many intelligence reports about movement of criminals, illegal arms and ammunition inside the Park but did not take appropriate steps to comply the Order of this Hon’ble Court  dated 20.05.2016 for eviction of the park.
That due to the blessings of powerful politicians, district authorities could not muster the courage of getting the Public Park evicted. There were numerous cases when Ram Vriksh and his associates openly misbehaved with police and district administration officers but no official wanted to get involved in any controversy with them.
That for more than two years, all those stayed in the park were being provided breakfast, lunch and dinner, and this is impossible without a very strong financer. It needs to be thoroughly investigated but honest probe is not expected from the State Police because fund was arranged by powerful politician. It is no secret that Ram Vriksh himself did not have capability to feed 3000-4000 people, 03 meals a day for more than 02 years.
That present matter is required to be investigated by the CBI because of many suspicion and large magnitude of crime committed by Ram Vriksh and his associates under the very nose of the State administration. Applicant has no faith in State Police investigation.
That truth needs to be investigated for crime and conspiracy of such magnitude, can only be investigated by the CBI, as no other agency has resources, methods and independence, required to investigate crime, conspiracy of such magnitude, which has national ramification.
That it is reported by leading newspapers that State administration was taking steps to grant 99 years lease of Jawahar Bag Public Park to the criminals, who were encroaching the same for more than 02 years, thus it is very clear that wrong doers are in a capacity to influence the State Police and State administration hence the present case is fit case to be transferred to the CBI.
That the Mathura violence is not a simple matter of law and order that is why this Hon’ble Court monitored CBI investigation is only hope left to victim families.
That applicant has many reasons to believe that her husband was made a scapegoat. Truth will not come out and complete justice is impossible without the Court monitored CBI Investigation. She demanded CBI investigation but appropriate authorities declined it.
That the same Government has recommended CBI investigation into Mohanlalganj rape and murder case of a 36 year old Dalit woman as desired by the victim’s family members. The Government recommended CBI probe into the Kunda incidents leading to the death of DSP Zia-ul-Haque and two others as desired by DSP’s wife.  The Government recommended CBI investigation into the murder of Akhil Gupta, a witness in the alleged rape case against self-styled Godman Asaram Bapu but in this gigantic violence, the Government is not ready for CBI investigation and reiterating that a Judicial enquiry is going on. Although, this Hon’ble Court and the Apex Court has said in catena of decision that Judicial Commission has its own limitations and has ordered CBI probe in many cases. In this case, Government is trying to cover-up entire deep-rooted land grabbing conspiracy and political-cult nexus that is why this Hon’ble Court monitored CBI investigation is necessary not only to secure justice but also to instill confidence among victim families.  
That this gigantic incident has national and international ramification. Mathura is well-know religious place where People come from across the world. People involved in this incident are residents of many States and even few are resident of Nepal. It is almost impossible for the State police to interrogate the foreigners. This Hon’ble Court monitored CBI investigation is not only necessary to secure complete justice but also essential to provide credibility and instill confidence in the investigation.
That if the real conspirators involved in this case are not properly prosecuted and punished, victim families will lose the confidence in the Rule of Law. There is doubt in applicant’s mind whether a One Member Judicial Commission and State Police will secure justice to every affected person in such a complex land grabbing operation due to two reasons - firstly, the involvement of the powerful politicians and secondly, the patronage of top State officials. Terms of reference of Commission of inquiry is confined to Administrative/Police failures only. It has no jurisdiction to enquire into Political-Cult nexus, interrelationship between Ram Vriksh Yadav and powerful politicians, misuse of Executive Power and complex land grabbing worth 5000 crores. In addition, report of the Commission is not binding upon the State and thus prosecution of such a gigantic criminal offence cannot be made to depend upon the unbridled exercise of discretion of the Executive. Hon’ble Chief Minister and the Director General of Police has said very next day on 03.06.2016 that root-cause of gigantic incident is intelligence failure and LIU-Inspector said that Government ignored 80 intelligence reports so in such circumstances, State Police investigation cannot investigate the incident impartially and won’t instill confidence in victim families
That State Government completely failed to take appropriate steps to ensure the Rule of Law in this matter due to political-cult nexus and conspiracy for land grabbing worth 5000 crores. If the majesty of the rule of law is to be upheld and it is to be ensured that guilty is punished in accordance with the law notwithstanding their status and authority, it is desirable to entrust the investigation to CBI.
That Applicant see no hope of honest and credible investigation if it will remains in the hand of State Police, which has done nothing despite 80 intelligence reports against extremist group led by Ram Vriksh Yadav, who may has managed his death falsely and may actually alive.
That in view of the aforesaid facts and circumstances of the case and materials on record, it is most expedient in the interest of justice and to instill confidence in victim families, this Hon’ble Court may graciously be pleased to direct the CBI investigation, otherwise complete comprehensive credible and independent investigation would not be possible in this gigantic violence and thus victim’s families will suffer irreparable loss and. The Constitution empowers this Hon’ble Court to issue such directions to secure complete justice and to instill confidence among victim families.
That in view of the aforesaid facts and circumstances of the case and materials on record, it is most expedient in the interest of justice and to instill confidence among victim families, this Hon’ble Court may graciously be pleased to direct the CBI to investigate the Jawahar Bag matter, otherwise fair trial and complete justice would not be possible in this gigantic violence thus victim’s families will suffer irreparable loss and injury.
That applicant is equally interested in the result of above stated petition. Therefore, implore that this Hon’ble Court may implead it as one of the petitioner and allow it to urge its case before this Hon’ble Court.
That it is in the interest of justice that the applicant is impleaded as petitioner in the above-stated petition.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to implead the applicant Archana Dwivedi, aged about 43 years, wife of late Sh. Mukul Dwivedi, resident of 3G, Officer Colony, Block-A, Sector Gamma-1, Greater Noida-201306, as Petitioner in above stated petition, in the interest of justice.   

16.01.2017                     

Allahabad               

(Advocate for Petitioner)

I, the deponent above named do hereby swear and verify on oath that contents of paragraph no 1 to………and page no 1 to………...of the affidavit is based on the media reports and true to my personal knowledge; contents of paragraph no……to……., page…….to……..of this Affidavit is based on perusal records; annexure no……to……page no……..to……...are based on media reports; which all I believe to be true, that no part of it is false and nothing material has been concealed in it. So help me God.                                              

DEPONENT

I,………………………., Advocate, High Court, Allahabad, do hereby declare that the person making this affidavit and alleging himself to be the deponent is known to me from the perusal of papers produced before me for the preparation of present case.

ADVOCATE
Solemnly affirmed before me on this    day of January, 2017 at about       am/pm by the deponent; who has been identified by the aforesaid person. I have satisfied myself by examining the deponent that he understands the contents of this affidavit; which have been read over and explain to him by me.

OATH COMMISSIONER

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