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File photo of Vicky Tyagia who was shot dead, in the court premises in Muzaffarnagar. (Source: PTI Photo)
THE Allahabad High Court has rejected the plea of the mother of gangster Vicky Tyagi, who was murdered in a Muzaffarnagar court in February, seeking a CBI probe into the case.
Suprabha Tyagi had sought a CBI probe and its periodic monitoring by the high court on the ground that since local police officers — up to the level of deputy superintendent of police — were accused in the case, a CB-CID probe would not be fair and impartial.
Tyagi, having more than 50 cases of heinous crimes registered against him, was killed inside the courtroom on February 16, when evidence was being recorded in a murder case, in which he was accused of having killed eight persons, including children.
A Division Bench of Justices V K Shukla and Vijay Prakash Pathak passed the order on August 10, while disposing of a petition filed by Suprabha Tyagi.
The petitioner had sought a CBI inquiry and its periodic monitoring by the high court into Tyagi’s murder. The FIR registered in connection with the murder named 11 accused, including a circle officer, an inspector and a constable.
Earlier, Suprabha had filed another petition seeking expeditious investigation into her son’s murder. Subsequently, she approached the court seeking CBI inquiry. The court had clubbed both the petitions together to pass a common order.
The court noted that following written representations by families of Vicky Tyagi and another accused in his murder (both had claimed not to be satisfied with investigations by the local police), the district authorities had referred the matter to the state administration. Subsequently, the probe was transferred to the CB-CID.
The court said: “Both parties have expressed distrust in the local police and police personnel have also been arrayed as accused… in this background, such cases are to be enquired by CB-CID and accordingly, decision has been taken consciously by the state government… there is no infirmity in decision-making process and there are no exceptional circumstances in hand that would warrant us to pass order for transferring the investigation to CBI.”
The court noted that merely because fingers have been raised against some police personnel, it cannot be a ground to accept the request of the petitioner. “Such general distrust based on apprehension, even without knowing the name of the investigating officer, cannot be approved of,” it added.
The court, however, directed that an officer of the SP-level should investigate the case and “the investigation to be carried out should be a free, fair and transparent”.
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