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Hand over Rai case to CBI: HC

IN A significant judgment, the Allahabad High Court on Tuesday directed the State government to hand over the investigation of BJP MLA Krishna Nand Rai murder case to Central Bureau of Investigation (CBI).

india Updated: May 24, 2006 01:35 IST

IN A significant judgment, the Allahabad High Court on Tuesday directed the State government to hand over the investigation of BJP MLA Krishna Nand Rai murder case to Central Bureau of Investigation (CBI).

Passing this directive, a division bench comprising Justice Amitava Lala and Justice Shiv Shankar observed, “Taking into account all aspects of the matter, we are of the view that the investigation of the relevant case/crime should be transferred to CBI, irrespective of forwarding of chargesheet/final report, if any, to the committal court.”

Passing this directive, the court, however, said, “If committal court has taken cognizance of the matter, a leave can be obtained by the complainant from there for further investigation and in that case such investigation can be proceeded by the CBI on the strength of the order of High Court and the same be concluded as expeditiously as possible.”

The court passed this directive on a writ petition filed by Alka Rai, widow of slain BJP MLA Krishna Nand Rai after hearing her counsel advocate RN Singh, government advocate Vijay Shankar Mishra, who represented the UP government and NI Jafri, who represented the Central Government.BJP MLA from Muhammadabad, district Ghazipur, Krishna Nand Rai and his seven aides were killed in Ghazipur on November 29, 2005. MLA from Mau Mukhtar Ansari, his brother Afzal Ansari, Samajwadi Party MP from Ghazipur, and others were named as accused in the murder case.

A case was registered against them as case crime no-589 of 2005 at police station Bhanwarkala of district Ghazipur under Section 147,148,149, 302 (murder), 120B (conspiracy) of Indian Penal Code. Election rivalry was alleged to be the reason behind the murder, as Rai had defeated Afzal in the assembly election.

After this case, the widow of Rai, Alka Rai moved a representation to the State Government seeking CBI investigation of this case. On a writ petition, the High Court on December 21, 2005 directed the Principal Secretary (Home) to decide this representation. Acting on the directive of the High Court, the Principal Secretary (Home) UP on January 31, 2006 rejected the representation of Alka Rai.

Hence, she filed the present writ petition seeking quashing of the order dated January 31 passed by the Principal Secretary (Home) UP. The petitioner also requested the court that this murder case be entrusted to CBI for investigation.
After hearing all sides, the court on Tuesday handed over the investigation of this murder case to CBI.