BHU Missing Student Case: Allahabad HC Raps UP Police For Filing 'Vague Affidavit' [Read Order]

The Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh has now directed the Senior Superintendent of Police, Varanasi to remain personally present in the Court on the next date of hearing, i.e. September 3, 2020.

Last week, the High Court had taken cognizance of a letter petition addressed to the Chief Justice by Advocate Saurabh Tiwari, an alumnus of the Banaras Hindu University, in relation to the missing student Shiv Kumar Trivedi, who allegedly disappeared from the Police custody.

As per the facts averred in the letter, Trivedi was picked up by certain police personnels from the M.P. Theatre ground, BHU on February 12 and was taken to the Police Station Lanka, District Varanasi. Ever since, there has been no sign of the student. His father made several complaints to senior police officials of Varansai, registered IGRS complaints, etc. but in vain.

Accordingly, the Court had asked the Government Advocate to file a complete statement of facts in a form of short counter affidavit. In compliance of this direction, the Circle Officer, Varanasi had filed an affidavit disclosing the steps taken by the police.

However, dissatisfied with the averments contained therein, the Court remarked,

"affidavit though refers to certain steps said to have been taken by the police, it does not inspire adequate confidence. Nothing has been stated in the affidavit as to what happened on 12th February, 2020 that demanded presence of the missing boy at the police station."

The Court was also informed that though Trivedi was brought to the Police Station on February 12, he ran away on the next day and no details in relation to him were available yet.

It was further submitted that a mentally retarded person, apprehended to be Shiv Kumar Trivedi was recently brought by the police and therefore, DNA and biometric tests are proposed to determine his true identity.

At this juncture, the Division Bench rapped the Police authorities for their failure to give a complete statement of facts that led to disappearance of the student. It said,

"We fail to understand why the police authorities instead of placing on record all the details relating to the facts that happened on after 12th February, 2020 and more specifically after the boy ran away from the police station, which facts must have been recorded in the general diary, have filed a vague affidavit."

It directed the Senior Superintendent of Police, Varanasi to file his personal affidavit about all the facts relating to missing of Shiv Kumar Trivedi and subsequent steps taken by the police. The Court also sought his personal attendance on next date of listing.

Case Details:

Case Title: Saurabh Tiwari v. State of UP

Case No.: PIL No. 819/2020

Quorum: Chief Justice Govind Mathur and Justice Saumitra Dayal Singh

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