The Supreme Court Tuesday refused to entertain a PIL seeking a direction to the Samajwadi Party-led government in Uttar Pradesh to recommend a CBI probe into last week’s Mathura clashes, in which 29 people, including two police officers, were killed.
A vacation bench comprising Justices P C Ghose and Amitava Roy said that courts cannot order a CBI probe as a matter of routine since it is for the state government concerned to decide on the issue of handing over the probe.
The bench said that the petition did not point out any specific instance to show faulty investigation. “From your petition, there is no evidence to suggest there is any lapse on part of the state investigating agency or no steps are being taken for fair probe. Courts cannot interfere without any evidence that state investigating agencies are not working properly,” it said.
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The court added that petitioner Ashwini Upadhyaya cannot approach the apex court when a similar petition is already pending before the Allahabad High Court. “You approach the Allahabad HC for the remedy,” it told senior advocate Geeta Luthra, who appeared for Upadhyaya.
The court turned down a contention by Luthra that the petition before the High Court was limited to encroachment of Jawahar Bagh and did not pertain to the violence. It asked the petitioner to withdraw the petition.
Twenty-nine people, including SP (City) Mukul Dwivedi and SHO (Farah) Santosh Kumar Yadav, were killed in a clash between police and encroachers on June 2 when police tried to evict illegal occupants, believed owing allegiance to the cult Azad Bharat Vidhik Vaicharik Kranti Satyagrahi, from Jawahar Bagh in Mathura on Allahabad High Court orders.
Upadhyay, in his plea, said the court may also take suo motu cognisance of the matter and direct a CBI inquiry, since “it is necessary to find out the truth, root cause of the incident and nexus among executive, legislature and the said group”. He also sought a direction to the state and Centre for framing of a uniform policy for compensation to families of the deceased in such cases. The plea also claimed the Union government was ready for a CBI inquiry into the incident but the UP government was hesitant in recommending the same.