UP Govt to supply sealed cover documents to petitioner in missing BHU student case; personal appearance of SSP Varanasi not dispensed with

The Allahabad High Court Thursday directed the Senior Superintendent of Police (SSP) Varanasi to supply the petitioner in the missing BHU student case, a copy of the documents filed by him in Court in a sealed cover.

A division bench of Justices Shashi Kant Gupta and Shamim Ahmed also directed the SSP Varansi, Amit Pathak, to remain personally present in Court on the next date of hearing as well i.e September 22.

Pathak had appeared before the Court today pursuant to its direction issued on August 25. The Court also perused the personal affidavit filed by him.

Appearing for the SSP, Additional Advocate General (AAG) referred to certain documents which were placed before the court in a sealed cover and had been opened today before the court for perusal.

Advocate Saurabh Tiwari who appeared in person sought a week’s time to file a reply to the SSP’s personal affidavit.

Earlier the High Court had come down heavily on the Uttar Pradesh Police for filing a ‘Vague affidavit’ instead of placing before it the complete details of the missing student, Shiv Kumar Trivedi, who was allegedly picked up by police personnel on February 16, 2020, and has been missing ever since.

The High Court had then directed the SSP Varanasi to file his personal affidavit about all the facts relating to the missing boy and the subsequent steps taken by the police.

SSP was also asked to remain present in the Court.

The High Court had taken cognisance on August 19 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.

Read Order

http://theleaflet.in/wp-content/uploads/2020/09/Allahabad-HC_BHU-Missing-Student_03_09_2020.pdf