Tuesday, January 28th, 2020

Petition for compensation to Nepalese servants in Aarushi case

Aarushi caseINVC,
Lucknow,
A Writ Petition in Allahabad High Court, Lucknow Bench has been filed by Lucknow based social activist Dr Nutan Thakur praying to direct National Human Rights Commission (NHRC) and CBI to separately enquire into the arrest of three poor and helpless Nepalese Krishna, Rajkumar and Vijay Mondal by CBI in an extremely hurried manner in Aarushi case. It also seeks due compensation for their unwarranted arrest and fixing of criminal and administrative responsibility of officers found guilty in the enquiry.  In Aarushi case, CBI had arrested Krishna within 13 days of taking the investigation on May 31. 2008 followed by Rajkumar on 14 June and Vijay Mandal on 11 July. These people could get bail only in September. On the contrary, even on 09 August 2008, then CBI director Ashwani Kumar had said that many important corroborative pieces of evidence were yet to be found and Arun Kumar, Joint Director  said on 11 August that CBI still considered this a blind case. Later closure report of CBI dated 29 December 2010 completely exonerated these three poor persons saying-“It was conclusively established that the servants could not have committed the crime for the following reasons” while enumerating 18 reasons. Thakur raised these issues before NHRC citing Chapter 12 of the CBI (Crime) Manual, 2005 which categorically says that arrest shall be made only as a last measure and has filed this petition when NHRC refused to take up the issue saying that the complaint is addressed to other authority.

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