The Allahabad High Court Tuesday came down heavily on the Uttar Pradesh Police for filing a 'Vague affidavit' instead of placing before it the complete details relating to a student of Banaras Hindu University (BHU) who was allegedly picked up by police personnel has been missing since February 16, 2020.
The High Court has now directed the Senior Superintendent of Police (SSP) Varanasi to file his personal affidavit about all the facts relating to the missing boy, Shiv Kumar Trivedi, and the subsequent steps taken by the police.
It also ordered that the SSP, Varanasi, remain personally present before the Court on the next date of listing i.e. September 3.
A division bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh said that the affidavit filed by Circle Officer Bhelupur, District Varanasi did not inspire confidence.
"Nothing has been stated in the affidavit as to what happened on 12th February 2020 that demanded the presence of the missing boy at the police station", the court said.
During the course of the hearing, Additional Government Advocate informed the court that the boy who was at police station ran away the next day and no details in relation to him were available.
He added that days later, a mentally challenged person was brought in by the police and they apprehend that he may be Shiv Kumar Trivedi. Consequently, a DNA and biometric test have been proposed to determine his identity.
On August 19, the High Court had taken cognisance of a letter addressed to its Chief Justice alleging that a student of BHU who was allegedly picked up by certain police personnel has been missing since February 16, 2020.
Advocate Saurabh Tiwari who is also an alumnus of BHU had written to the Chief Justice asserting that Shiv Kumar Trivedi was picked up by certain police personnel from the M.P. Theatre ground, BHU and taken to Police Station Lanka, District Varanasi.
A division bench of the Chief Justice Govind Mathur and Justice Samit Gopal had treated the letter as a petition in the nature of a habeas corpus and issued notice to the District Magistrate of Varanasi, Senior Superintendent of Police, Varanasi, and Station House Officer, Police Station Lanka.
http://theleaflet.in/wp-content/uploads/2020/08/Allahabad-HC_Order_Missing-BHU-Student_25_08_2020.pdf