HC orders CBI probe in BJP MLA murder case

Allahabad, May 23 (UNI) Allahabad High Court today ordered a CBI probe in the murder case of Uttar Pradesh BJP legislator Krishnanand Rai.

Passing this order, the bench observed that afer considering all aspects, it was of the view the probe be transferred to CBI irrespective of forwarding charge sheetsheet/final report, if any towards the court concerned.

The order was passed by a division bench comprising Justices Amitava Lala and Shiv Shankar on a writ petition filed by Rai's widow Alka and another.

Directing the investigation be handed over to the central agency, the judges, however, said if committal court had taken cognisance of the matter, a leave could be obtained by the complainant from there for further investigation.

In that case, such probe could also be proceeded by CBI on the strength of the HC order and the same be concluded as expeditiously as possible.

Alka and another petitioner had prayed to quash an order of January 31, 2006, whereby her demand for a CBI inquiry was refused by the state government.

The petitioner had also prayed for transferring and entrusting the probe as case crime no 589/05 under sections 147, 148, 149, 302, 307, 120-B IPC police station Bhanwar Kol district Ghazipur to the CBI.

Earlier, the bench in the writ of Alka Rai on December 21, 2005 had directed the UP's Principal Secretary Home to consider the representation of the petitioner within a fortnight with regard to transfer of the probe from CB-CID to CBI.

When nothing was done, she filed a contempt petition. In the meantime, the respondent decided her representation and refused to transfer the investigation to CBI. This order was challenged in the writ petition.

Rai, an MLA from Mohammadabad assembly constituency in Ghazipur district of Uttar Pradesh, and seven of his supporters were shot dead in broad daylight in Ghazipur on November 29 last year.

They were ambushed near the Ballia-Ghazipur border by several motorcycle-borne miscreants armed with sophisticated weapons.

Later, a FIR was lodged at Ghazipur against 10 persons.

Ruling Samajwadi Party MP Afzal Ansari, his younger brother and don-turned-Independent MLA Mukhtar Ansari and their brother-in-law Ejaj are prime accused in the case.

A notorious east UP gangster Munna Bajrangi is also among the 10 accused named in the case. Another accused Sanjeev Maheshwari alias Jeeva was recently arrested in Delhi.

Afzal had surrendered in the court on December 8 last. The Ansari brothers and Ejaj are presently lodged in Ghazipur jail.

UNI XC/VS VD KP1925