1- The Hon’ble Chief Justice,
Supreme Court of India,
New Delhi -110001.
2- The Hon’ble Chief Justice,
Uttarakhand High Court,
Subject: For issuing a direction to the CBI Judge, Dehradun for expeditious disposal of Cr. Revision No. 102 of 2012 pending in the said court.
Getting frustration from lingering the disposal of Criminal Revision by the Learned Court in seisin of the case at the instance of CBI prosecutor on one or the other pretext the under signed petitioner had dared to bring the following facts for taking judicial notice:-
1- That one of our late lamented Swami Nigmanand Saraswati, 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 were 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 elapsed this petitioner has been presenting himself on each and every date but to the utter disappointment to this petitioner no result has come out till now and it seems as if the court acts and hears as per the sweet will of CBI advocate who has been procrastinating the disposal on one or the other score and the court also does not dare to close up the matter even after hearing for several days. An instance of adjournment shall unveil the truth i.e. 21-1-2014 was the date fixed for presenting IO, although several adjournments has been previously granted and thus the case was being adjourned to last week of February but on severe protest and mention before the Incharge Court was adjourned to 23-1-2014 on which date again the CBI prosecutor began to make hue and cry for long adjournment on the ground of presenting the IO and lastly, the petitioner having no option submitted rulings and praying the court to pass final order as the case was being heard several times came out and the learned court also remained as silent spectator at the time of submission for date and without taking any petition from the OP although on two occasions the case was adjourned only after taking petition for time on the ground of absence of the petitioner’s advocate. It is worthwhile to mention here that when our adjournment was made the learned court use to take petition from the petitioner in lieu of taking petition from the CBI prosecutor although CBI prosecutor himself use to make prayer for adjournments and now it seems that the learned court had made up his mind from before and as such to make a ground use to take petition from this petitioner. It is worthwhile to mention here that CBI is bent upon to bury the case as it had taken a contract of final disposal even by the courts as the people at large in the township has been giving out. The conduct of the CBI will be evident from this fact alone that in course of hearing in reply to a petition, a petition by way of rejoinder was filed stating certain averments not only off the record but against and contrary to bed head tickets of the deceased and on the request of public prosecutor CBI several adjournments have been taken merely for presence of the IO although from the record contradictory statements are clear and no need of the IO nor there is any provision for calling the IO incourse of hearing of the revision who becomes functus officio after submission of the result of the investigation.
10- That this Hon’ble Court in a catena of long decisions enunciated the principle that justice delayed means denied but it seems the principle pronounced by this Hon’ble Court has no impact on most of the judicial officers at lower forum and as such inspite of repeated prayer made by this petitioner the court has been adjourning the case to one after another date which creates several doubts not only in the mind of the litigants but also the people at large acquainted with the drastic planned murder of Swami Ji and looking forward for the result.
11- That the learned court at several times after hearing the submission openly verdicted in the open court that he was convinced with the submission on the medical point and it was the fit case for further investigation and not only on that point rather on the point of law also after perusal of several decision cited by the petitioner the learned court being convinced with the argument remarked that the case was fit for further investigation and that’s why since then the CBI has been taking time one after another to comply the contract.
12- That Swami Nigmanand Saraswati, whose life has been taken away under conspiracy by poisoning him is well known in Sadhu Samaj at the country level as he had devoted his life for the safety of holy river Ganga, environment, forest, Kumbh Khechtra and as such people at large has been looking forward for the result of this blackened episode and has been curiously waiting to see that the culprits are brought to book.
13- That for the ends of justice and equity as also to restore the confidence of the people in judiciary it is expedient that a serious direction be made to the concerned court for immediate disposal of the matter in the light of pronouncements made by this Hon’ble Court in a catena of long decisions.
Hence your kindness is requested to look into the matter personally and issue direction and directions to restore the confidence of the people in judiciary which being clouded by delaying the disposal of this criminal revision.
With due respect.
Matri Sadan, Haridwar.
Copy to: The Hon’ble District Judge, District Court, Dehradun; with the request to please check such type of open corruption in the court.