Cenral Bureau of Investigation, CGO Complex,
Lodhi Road, New Delhi-110003.
Subject: Requisition for making an enquiry against CBI prosecutor Dehradun, Shri Pankaj Gupta & others.
Getting frustration, on the attitude of CBI prosecutor Dherahardun, Shri Pankaj Gupta, the petitioner has to submit the few following line for your considerations and proper orders:-
1- That one of our late lamented Swami Nigmanand Saraswati Ji, belonging to pious ashram named and styled as Matri Sadan situated at the Jagjeetpur Kankhal Haridwar well known for sacrifice for holy river Ganga as also for the protection of environment including forest etc., had been doing Anshan since 19-02-2011 in quite ok physical fitness & had been observing and doing all necessary works but the government could not tolerate it and on 68th day i.e. on 27-04-2011 he was brought from ashram against his will as also the protest of saints of ashram for his full checkup and thus he was admitted in District Hospital Haridwar in complete conscious state and his condition began to go from better to the best but unfortunately under a conspiracy in a planned manner one unattending nurse came and injected him and on querry made by his attendant Kuashalendra Kumar Jha the nurse hurriedly replied that the injection was a medicine and taking the syringe with her left the place in lieu of throwing the same in dustbin, perhaps to conceal the fact of poisoning and thus foul play was started with continued poisoning of course in mild dose to save their clouded skin and thus on 13-06-2011 the poison ended life of Swami Nigmanand Saraswati.
2- That glancing at the situation the petitioner had filed a petition on 11-05-2011 to the officer Incharge Kotwali P.S. Haridwar but as the administration was itself in the planning and bentupon to take away the life of said Swami Ji colluding with the hospital authorities as such no case was registered by Kotwali P.S. and the petition remained as if it was lying in the lap of nature.
3- That after the sad demise the police became so much active to veil the reality by concealing poisoning that without registering the case prepared inquest report managed to get postmortem conducted in the night itself in artificial light and made a show preserving viscera in three jars for chemical analysis and there after brought the dead body in ashram where also so called 2nd post mortem was conducted and visceras in two jars were preserved.
4- That when the administration coupled with hospital authorities at whose instance this foul play had been played became inactive presuming the episode to be buried but on the request of reverend Gurudev Swami Shivanand Ji CBI took up investigation and on 18-08-2011 FIR was registered by CBI Dehradun (RC No. 0072011S0010).
5- That the persons who were arrayed in the column of accused are men of immense wealth, social, administrative and political influence, etc. and thus the investigating agency of CBI including the supervising authority also could not abstain themselves from falling in the clutch of the accused persons being backed by several other influential persons who had active hands in the episode and had apprehension of their being bringing to book by the CBI and thus they spent crores of rupee in handling the situation for bringing the CBI State authority in their collusion to submit favourable report in favour of the accused. The investigating authority in lieu of conducting honest and independent investigation made a show of formalities of investigation and submitted closer report on 28-12-2011 during the closed day of the court on the eve of X-MAS.
6- That this petitioner had not only doubt of not getting justice at hands of the said team of CBI conducting investigation but was confirmed and as such several petitions to the IO giving information of evidence, the SP (supervising authority) for giving direction to conduct free and independent investigation and even to the then Director, CBI unveiling the truth of course amounting to some allegations also but in vain and it seemed as if the whole department was bent upon to conceal the truth and to favour the accused.
7- That objection in the form of protest with clear and unambiguous evident documents was also filed in the lower court with a prayer to issue direction for further investigation which was heard also and it pinched the IO so much that even after submission of closer report and after being functus officio filed a petition directly in the court and thereby prayed not only to accept the same (closer report) but returned the documents also filed with the closer report. The IO of the case who had taken a vow to help the accused and was so much interested that it did not send the case diary with the final report (closer report) to get an order of acceptance of the court. However the IO succeeded in getting a favourable order accepting the closer report.
8- That the petitioner, having no alternative invoked the jurisdiction of the learned sessions court Dehradun by filing a revision against the said order dated 19-06-2012 by filing revision under 397 and 399 of the code of criminal procedure 1973 which was admitted and was transferred to special CBI Court for disposal where the same is pending.
9- That 18 months have been elapsed this petitioner has been presenting him on each and every date but to the utter disappointment to this petitioner no result has come out till now and that only due to unwarranted illegal and anti-social attempt of the CBI prosecutor, Shri Pankaj Gupta Ji. It seems worthwhile to mention here that the accused person of this case are big guns of locality and proper investigation is done several administration persons who had been making attempts, after deep conspiracy, to take away his life may be handcuffed and roped in the sad episode, and as the people at large whispered and still whispering till today the CBI was managed for 10 crores who took a contract of finalizing the darkened episode of investigation level only but by the courts as well and the present CBI prosecutor, as it seems by his acts, attitude and behaviour and that’s why during the hearing of revision he does not behave like anything but interrupts daring the submission made by the petitioner and sometimes uses unparliamentary proposition also which is unlike after advocate representing perhaps the most reputable, honest and independent organization of investigation. And example will speak volumes supporting aforesaid averments that when the CBI prosecutor felt that the revision may be disposed off against the CBI he started taking adjournments and when other grounds were not available for the same the learned prosecutor took the plea of calling the IO for complaining one item of a document and for that several adjournments are being taken by him and the court also acts as per the whims of the prosecutor.
10- This Hon’ble Chair shall be surprised to know that the prayer of the petitioner is not for putting a person on trial or conviction or for any other relief but only for an order of further investigation which is not the domain of the court only but the department also and the CBI (the IO, the supervising authority or any superior authority) also may order for further investigation but for this petty issue the CBI prosecutor clutching over the learned PO, has been procrastinating the matter and causing delay in justice.
11- That, this petitioner getting information of your honesty, integrity and sincerity of your purpose has invaded your jurisdiction to get the matter enquired into by an independent and honest officer against the present CBI prosecutor Dehradun namely Shri Pankaj Gupta, Shri V. Dixit the investigating officer of the case, Shri Nilabh Kishore the then SP CBI Dehradun, the Supervising authority and further pleased to issue a direction for further investigation of aforesaid case by a fresh team and obliged not only the petitioner but the people at large who has even the least affection and respect for Maa Ganga for deceased sacrificed his life and was murdered by the persons whose interests used to be collapsed due to his Ansahan.
Therefore you are requested to order for further investigation and set up an enquiry to inquire the role of Shri Nilabh Kishore, the DIG of Dehradun Branch, Shri V.Dixit, the IO and Shri Pankaj Gupta, the APO of CBI within 7 days. If above mentioned requests are not accepted by you within 7 days we would left with no other option but to resort the path of penance, the Satyagraha, to get accepted the same.
With due respects.
Matri Sadan, Haridwar.