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This is an archive article published on January 28, 2009

Engineer’s murder: court refuses to stay arrest of Tiwari’s wife

Expressing its “extreme disquiet” over the close nexus between police and politicians,as reflected in the murder of Auraiya executive....

Expressing its “extreme disquiet” over the close nexus between police and politicians,as reflected in the murder of Auraiya executive engineer M K Gupta,the Allahabad High Court on Tuesday dismissed the petitions filed by Vibha Tiwari,wife of BSP MLA Shekhar Tiwari,and two other co-accused,Hoshiyar Singh and Manjul Pandey,seeking a stay on their arrest.

Justice Amar Saran and Justice R N Mishra noted that there had been “long and repeated telephonic conversations of Station Officer Hoshiyar Singh with Vibha Tiwari,and sporadic talks with MLA Shekhar Tiwari”.

Quoting the judgment in Prakash Singh and Others v Union of India,the court observed,“It is time now that stringent steps are taken for breaking this vicious nexus between the police and the politicians and their goons and for taking strong steps for ensuring that the investigation becomes fair and honest by separating the law and order and investigative wings of the police and by initiating severe actions and punishments against police officials and politicians involved in such acts of corruption or spurious investigations.”

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The Bench,which had reserved its verdict on the order last Friday,delivered it after perusing the case diary on Tuesday. The court found that the post-mortem report of the deceased engineer revealed 23 injuries,which included contusions,multiple abraded contusions,lacerated wounds and electrocution marks,on his body.

The prosecution said that investigations had revealed that Hoshiyar Singh had made several calls from his mobile to Vibha Tiwari’s mobile phone and other circumstances also suggested that Vibha was giving instructions on how to conceal the evidence of the crime.

“We must record our extreme disquiet at a feature which has again been revealed in the present case — the close nexus of police officials with criminalised political elements and their goons. This appears to have become a constant phenomenon irrespective of who be the party in power. The long and repeated telephonic conversations of SHO Hoshiyar Singh with Vibha Tiwari,and sporadic talks with MLA Shekhar Tiwari,their willingness to let Shekhar Tiwari and his co-accused go from the police station without enquiry or arrests showed the close nexus of police officers with the criminalised political elements,” remarked the judges.

The Bench directed the registry to send copies of the order within a week to the Sessions Judge,Chief Judicial Magistrate and the Superintendent of Police,Auraiya.

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