1- The Hon’ble Chief Justice,
Supreme Court of India,
New Delhi -110001.
2- The Hon’ble Chief Justice,
Uttarakhand High Court,
Subject: Regarding a sordid tale of corruption; an open fallacy, in the court of Hon’ble Additional Session Judge (CBI) of District Court Dehradun, Shri Yogesh Gupta Ji.
1- Matri Sadan is a divine organization, which fights against corruption and preserves the environment. Please refer to our previous letter no. MS/2K14/Hdr/11 dated 25-01-2014, by which we have summarized the sequence of how our venerable institution is being overpowered by the prevalent corruption. It is not the first instance when corruptive attitude of some venal judges have stalled a barricade in administration of justice. Here we are narrating this episode as it took place in Criminal Revision No. 102 of 2012 relating with the murder of Swami Nigmanand Saraswati, a Matri Sadan dedicated and devoted Ganga Bhakt, who was doing Satyagraha since 19-02-2011 and was in quite ok condition when district administration on the pretext of getting medical check up took him to district hospital Haridwar and therein injected OP poisoning in a planned way by an attending nurse of same hospital and later on after repeated poisoning in mild doses Swami Ji was declared dead on 13th June 2011 in Jolly Grant Himalayan Institute Hospital Trust Dehradun. After doing Satyagraha for 16 days by another Matri Sadan’s saint FIR dated:18-08-2011 was registered by CBI Dehradun (RC No. 0072011S0010).
2- Now the information, which we have received few months ago became evident that rupees 10 Crore contract taken the IO of CBI was for not only to file the closer report but also to defend and manage the Hon’ble Courts. We filed a criminal revision no. 102 of 2012 before the Hon’ble District Judge, Dehradun, who getting direction from the Hon’ble High Court of Nainital transferred it to the ADJ (CBI) Shri Yogesh Gupta Ji. It seems appropriate to mention here that Mr. Yogesh Gupta Ji was brought to suppress this case, which we have complained to appropriate authority. But our transfer petition was rejected due to direction of Hon’ble High Court Nainital which, as was being defined by the then Hon’ble District Judge, gives power to hear anti-corruptions and CBI investigated cases only to a special Judge.
3- When this file was placed for hearing before Special Judge, Mr. Yogesh Gupta Ji, he verbally told us that since we have complained against him so he is not going to hear this case and some other judicial officer, who will assume this office after his tenure, will hear it. We humbly submitted that our apprehension was based on truth, which took place in the Hon’ble Magistrate’s court and if he had not to hear this case he should have made it clear in his report sent to the Hon’ble District Judge while replying to the querry made by latter in relation to our transfer petition. At that time Mr. Yogesh Gupta Ji gave his consent to start hearing and I was asked to call my advocate.
4- It seems appropriate to mention here that saints of Matri Sadan are living on alms and do not have any money to hire eminent & moral character advocate/s. But by divine grace an advocate of outer state, after going through the evidences decided to give his service free of costs. Here we want to put on record that he is one of the unique advocates who even spent his own to travel more than 1200 km and 36 hours to pursue this case.
5- After several adjournments, strikes and unavailability of CBI counsel hearing was started on 17-07-2013 which continued to sometimes day by day and to next dates. After several days hearing establishing law points the Hon’ble Court fixed it ‘terms of reference’ which he opined the central issue of this revision petition. It was vehemently opined by the Hon’ble Court that this matter is related to poisoning issue i.e. whether death was caused of poisoning or not, so if this court is satisfied with medical grounds order will be passed for further investigation.
6- The advocates for the counsel of CBI, Mr. Pankaj Gupta, after getting no way to defend closer report submitted that matter is technical in nature so only IO can clarify it. Though there was neither any provision nor any need to call the IO but we did not object it due to getting the truth established before the Hon’ble Court. On fixed date IO appeared before the Hon’ble Court and after hearing the Hon’ble ADJ directed the IO to bring all the pathological tests, medicines given in hospital, duration of hospitalization & other records relating with the same. We were also asked to prepare on same grounds.
7- On the 30-09-2013 the IO appeared again before the Hon’ble Court and in course of hearing neither the IO nor the APO had any answer to the forgeries, manipulations, distortion of facts, irregularities etc. and it was established beyond any doubt that Swami Nigmanand Saraswati Ji was given poisons repeatedly till his death. Even the Hon’ble ADJ himself detected several forgeries which could have easily been detected by the IO. And in the end the Hon’ble ADJ asked the counsel for CBI and the IO that why not order for further investigation is passed, which the IO and APO had no answer and both kept mum. The Hon’ble ADJ further told them that their(CBI) argument is over and further told that the court is fully satisfied on medical grounds and now has to see the law points. At this we requested to fix a date when our advocate will come to finish it. In the meantime the IO submitted a document, a list of medicine used for the deceased, copy of which initially was not given to us but when Hon’ble Court reminding the court procedure directed the IO & APO to give a copy to the petitioner only then they gave us a copy of the same and perusing it we found that IO had submitted this document with some ulterior motive because it contained false information regarding medicines given to the deceased while he was admitted in district Hospital Haridwar. As it was necessary to counter this false information so we filed a petition regarding the same with evidences and requested the Hon’ble Court to keep it on record for final order.
8- On next date i.e.18/10/2013 our assisting advocate was present to conclude the law points but APO took time to file its reply which he could have filed before that date and even there was no need to wait for his reply because in the eyes of law an IO becomes functus officio just after filing the closer report and matter remains between the Hon’ble Court and the complainant. But Hon’ble Court easily accepted his plea to adjourn the proceeding for 15/11/2013. Grave fact is that adjournment was again sought by CBI but we were asked to write application for next date which suits our assisting advocate. But even on next date i.e 16/11/2013 (date was fixed for 15-11-2013 but due to Moharram it shifted to 16-11-2013) our advocate was present to conclude the law points but counsel for CBI neither filed the reply nor called the IO. It was a tragic moment. That time the Hon’ble ADJ Mr. Yogesh Gupta Ji gave ultimatum to the CBI to file its reply within seven days if they want to file it otherwise filing would not be permitted. After passing seven days we again placed a written submission before this Hon’ble Court to pass the order on fixed date but even on that day advocate of the counsel for CBI, Mr. Pankaj Gupta, sought adjournment on the ground for presence of the IO. Again adjournment was sought by CBI but we were asked to tell the fixed date in writing which suits our assisting advocate (who was present in the court) because the advocate assisting us used to come from out of state.
9- On that date a word came out of the mouth of CBI Counsel Shri Pankaj Gupta which speaks the volume of corruption. We told him, Mr. Pankaj Gupta, that since the Court accepted for further investigation and now you have to fight the case therefore now do not oppose it. At this he replied, “Further Investigation gksxk rc rks\” means there is not going to be passed any order for further investigation. This was a surprising revelation because court had verbally verdicted for further investigation how an APO can tell contrary to that with so confidence?
10- On the next date i.e. 19/12/2013 time and again our advocate came from out of state but counsel for the CBI Mr. Pankaj Gupta again informed the Hon’ble Court that IO did not come and the Hon’ble ADJ Shri Yogesh Gupta Ji started to strangulate justice by again adjourning the order as he did on previous date and we were asked to write the adjournment.
11- We were hoping that atleast on this date i.e. 21st Jan 2014 Hon’ble Court would pass the final order but corruption can make possible anything to happen and on this date i.e. 21/01-2014 the Hon’ble ADJ Shri Yogesh Gupta Ji was on leave while vacant court was all set to fix next date for 25th February but we vehemently opposed to that and matter was placed before the Incharge Judge and the Hon’ble Incharge Judge discerning the issue put it before presiding officer when he comes and it was fixed for 23 Jan 2014. So 5 adjournments sought by the counsel of CBI for filing the reply/ presence of IO but he neither filed reply nor called the IO, rather his only motive is to linger on the final order.
12- On 23rd January 2014 the whole activities of Hon’ble ADJ (CBI) Shri Yogesh Gupta Ji and the advocate for the counsel of CBI Dehradun Shri Pankaj Gupta Ji were speaking the volumes of corruption. Our assisting advocate placed six rulings of Hon’ble Supreme Court in favour of further investigation and requested the Court to pass final order but Mr. Pankaj Gupta, counsel for C.B.I, again sought adjournment for presence of IO and when we objected it saying so many dates were taken by him for the same he uttered that we wrote applications for taking dates. It was a strange thing, an evidence of duos involvement to linger on the final order. We submitted the Hon’ble Court to give its verdict and came out of the court. But again at the place of passing final order another date was fixed for 24th February 2014.
13- On 27-01-2014 we filed an application for expeditious disposal, preferably within a week, but the Hon’ble ADJ, without giving a chance of hearing wrote an order to place it on date fixed, i.e. 24th February 2014.
14- Now it became very clear that taking 10 crores by the IO from the murderers was not limited to file closer report but to defend and manage the courts also.
15- It is evident that the day Hon’ble ADJ Mr. Yogesh Gupta verdicted openly that why not order be passed for further investigation he was also managed and now he is adamant to linger on this case by passing over to another Judicial Officer who will resume office after his expected transfer, as we came to know from various sources, in coming month March 2014.
16- Here it seems appropriate to place the quote of our Hon’ble President of India on the eve of 65th Republic Day i.e. Corruption is a cancer that erodes democracy, and weakens the foundations of our state. If Indians are enraged, it is because they are witnessing corruption and waste of national resources.
17- Seeing the attitude of Hon’ble ADJ Mr. Yogesh Gupta an eminent veteran jurist opined that he had not seen such type of degradation in judicial officer in his career. Situation becomes gloomy when we complained about it to the authorities but any action is yet to be taken.
18- Here arises a grave question, that is:-
Where should we go to know that is it judicial process which the Hon’ble ADJ Mr. Yogesh Gupta Ji adopted in this case till this date?
19- As our Hon’ble President also observed that Indians are getting enraged due to corruption. We are saints and we can not show our anger like general people but we can follow the path of penance which Mahatma Gandhi followed against the mighty British Empire to free our country. It is the power of his penance, the Satyagraha, which strengthened the Indians so much that British had to go back. Though our country became free from the British Rule but it has become a slave of corruption and situation is alarming. Therefore please inform us the forum wherefrom we may get the answer of our above mentioned question.
In the light of above fact and circumstances, it is entreated that please inform us within seven days where/whom should we approach to get the answer of above question? If it is not informed within 7 days we will assume that now we have left no way except resorting to the path of penance, the path of Satyagraha, as was followed by Mahatama Gandhi.
With due respects.
Matri Sadan, Haridwar.
1- The Hon’ble President of India, Rashtrapati Bhawan, New Delhi.
2- The Hon’ble Law Minister, Ministry of Law and Justice, Shastri Bhawan, New Delhi-110115.
3- The Hon’ble District Judge, District Court, Dehradun; with the request to please check such types of open corruption in the court.
Matri Sadan, Haridwar.