कन्नौज अपहरण कांड पर की गयी कानूनी कार्यवाही का घटनाक्रम.
Case History of Kannauj Kidnap Case (in brief )
Sh. Bharat Gandhi, his family members, witnesses of his case and his associates have been facing serious life threat from Sh. Akhilesh Yadav the former Chief Minister, former Principal Secretary Sh. Debashish Panda, the senior officials of DGP office of the state of U.P. and from his deployed hooligans since 6 June 2012. Looking the whole machinery of law and order hostile against Sh. Gandhi, he has been confined within the state of NCT of Delhi. Hence his fundamental right of life and liberty is infringed.
Many associates are abducted on gun point and tortured brutally and have forced to be hostile against the applicant and to give statement favorable to accused. Hon’ble Supreme Court of India passed order dated 22.01.2013 to assess threat perception to Sh. Bharat Gandhi and provide security accordingly. But the order was not complied and deliberate procedural delay was injected to protect the DGP from the contempt proceedings. N.H.R.C. passed order dated 02.03.2015 to investigate the matter and sent report. In the name of investigation, the main witness of the case of Sh. Bharat Gandhi was abducted on 27.04.2015 from his house only, tortured brutally, signatures on about one rim plain papers were taken on gun point by the senior officers of Human Rights department of DGP office. Atrocities on this witness was not stopped here only but was continued to ensure his hostility against his beloved torch bearer/Sh. Bharat Gandhi. To ensure his hostility against the Sh. Gandhi, the senior officials of the DGP office instructed the SP of district CSM Nagar/Amethi to registered a false case of gang rape against the said witness. The politically motivated case was registered in July 2015 against the above said Witness in PS- Amethi. The local Minister Sh. Gayatri Prajapati of the ministry of accused Sh. Akhilesh Yadav operated all above atrocities committed by the police. The witness is threatened to arrest in the case of rape if he will try to seek justice from any court of law. That is why the witness of the case of Sh. Bharat Gandhi passing his days in the cage of the main accused of the case of Sh. Gandhi.
By committing atrocities on the witnesses of the case the report was prepared by I.O.; the ASP Kanpur Dehat, Sh. Rishipal Yadav and sent to the NHRC for perusal. The said report was quashed by the NHRC listening the audio tape of call recording of the victim of second time abduction. The N.H.R.C. passed next order dated 24.02.2016 and directed to Principal Secretary Home of U.P. to investigate the complaints of Sh. Bharat Gandhi by the CB CID of the state and grant security to applicant. But CB CID of U.P. informed wide its letter dated 08.09.2016 that the direction from the N.H.R.C. and from the MHA is received to the state agency but the CB CID tried four times to get permission to conduct investigation but Principal Secretary Home has refused to grant permission to investigate the matter. To maintain the vulnerable situation to the Sh. Bharat Gandhi, the Principal Secretary Home and DGP of the state instructed to his subordinate agencies to not assess the threat perception to applicant impartially, objectively and prepare a fake report in the name of assessment of threat perception. Consequently the Principal Secretary Home and DGP of the state deliberately refused to grant police protection to Sh. Bharat Gandhi second time. When the report of assessment of threat perception was sought vide application sent under RTI Act 2005; the both offices refused second time to deliver the report to Sh. Bharat Gandhi in the name of confidential and exemption of police from RTI Act 2005.
When all the agencies of law and order of the state become hostile against the applicant; the additional application in the office of NHRC was sent by applicant. Vide the said application the applicant requested the Commission to deploy either the investigating agency of NHRC itself or deploy CBI the central agency to investigate the case of Sh. Bharat Gandhi. Probably looking the practice of keeping away from intervening into the complaint of crimes committed by the the PMs, CMs and DMs and looking the status and jurisdiction of recommendatory body, the commission kept mum and did not passed order in whole one year.
Looking the personal involvement of the Chief Minister in crime, the Sh. Bharat Gandhi was not hopeful to avail justice by the Principal secretary Home of Government of U.P. Because the accused is the immediate head of the Ministry which was directed to grant protection to Sh. Bharat Gandhi and was directed to conduct investigation. That is why after the order of the Commission dated 24.02.2016 all the facts were placed before the Secretary of MHA of Union Government wide application dated 18.04.2016 and 02.07.2016 and sought the probe by C.B.I. and sought the central forces in the protection of his life and liberty of Sh. Bharat Gandhi.
Looking the influential accused of the case, the MHA took inadequate action again and again. Taking inadequate action, the MHA forwarded again all the representations of applicant to state government/the office of accused Sh. Akhilesh Yadav. The MHA also requested the accused/principal secretary and DGP of the U.P. to grant security to Sh. Gandhi, which is again refused by these authorities as usual. The joint gang of DGP office and hooligans of Chief Minister attacked thrice on the Sh. Bharat Gandhi to kill him on dated 04.07.2015, 31.01.2016 and 15.11.2016. The FIR was not registered by the police on complaints of Sh. Gandhi on above said three offences. Earlier to these offences the FIR was also not registered on the complaints of mass abduction dated 06.06.2012, complaint of abduction of witness dated 05.05.2015.
Looking the evident hostility of security agencies, of law and order, of threat perception assessment agency and of investigating agencies of the state Sh. Gandhi is bound to seek the direction of constitutional courts to central investigating agency for investigation, direction to central security agencies for granting protection of central forces to Sh. Bharat Gandhi and direction to quash the politically motivated FIR registered in PS Amethi against the witness of the case of Sh. Gandhi.
Sh. Bharat Gandhi approached the Union Ministry of Personal Grievances, the nodal agency for CBI probe. The above said Ministry forwarded the application to CBI. Vide letter dated 23.12.2016 the CBI sought the direction of Home secretary of state or of centre or of any constitutional courts under DPSE Act, 1946. The Home ministry of the state is hostile against the Sh. Bharat Gandhi, so no direction could be obtained from this office. Looking the influential accused of the case of Sh. Gandhi, the MHA is forwarding again and again his representations to the office of accused Sh. Akhilesh Yadav itself referring the matter of law and order as state subject.
When the government of Sh. Akhilesh Yadv was dethrone in March 2016, the new government of Sh. Yogi Adityanath, issued permission to the CB CID of the state vide an ordinance dated 03.04.2017. The Home secretary of the state has also issued order to grant police security to Sh. Bharat Gandhi. There is hope of justice is seen by the actions of new government and by the initiative of investigation of CB CID.
पूर्व मुख्यमंत्री अखिलेश यादव द्वारा प्रायोजित कन्नौज अपहरण कांड में सी.बी. सी.आई.डी. जांच शुरू
Application dated 15.11.2016 of Sh. Bharat Gandhi, the Policy Director of VPI to MHA supplying threat to his security emerged due to his legal action initiated against accused of Kannauj Kidnap Case
The applicant and his associates are facing serious life threat from Sh. Akhilesh Yadav the sitting Chief Minister, his Principal Secretary Sh. Debashish Panda, the officials of DGP office of the state and from his deployed hooligans since 6 June 2012. Many associates are abducted on gun point and tortured brutally and have forced to be hostile against the applicant/Bharat Gandhi and to give statement favorable to accused. Hon’ble N.H.R.C. passed order dated 24.02.2016 to Principal Secretary Home of U.P. to investigate by the CB CID of the state and grant security to applicant but CB CID of U.P. informed wide its letter dated 08.09.2016 that the Principal Secretary Home has refused to grant permission to investigate the matter. When all the agencies of law and order become hostile against the applicant the applicant submitted all these facts before the Secretary of MHA of Union Government wide application dated 18.04.2016 and 02.07.2016 and sought the probe by C.B.I. and sought the central forces in the protection of his life and liberty. Taking inadequate action, the MHA forwarded again all the representations of applicant to state government/the office of accused. The MHA also requested the accused/principal secretary and DGP of the U.P. to grant security to applicant, which is again refused as usual. Looking the safety and protection from the union government today on dated 15.11.2016 at about 02.00 PM a black filmed costly car reached to the Lucknow residence of applicant to assault the applicant and family members of applicant. But the criminals flee away when they saw some person recording their activities. It was third attack committed on the applicant. The applicant is confident that this crime is committed personally by the Sh. Debashish Panda, the P.S. Home of U.P. and Sh. Akhilesh Yadav, the C.M. of U.P. collectively just with motive to force applicant to withdraw the Appeal application dated 12.10.2016 of applicant filed under RTI Act 2005 and to withdraw the petition running in hon’ble NHRC. The applicant can not pray the NHRC for CBI probe looking the jurisdiction and practice of the commission. Hence therefore the applicant is seeking protection of central forces from MHA and seeking probe into the offences mentioned in the representation of applicant dated 18.04.2016 and 02.07.2016 sent to the MHA of union government along with facts given in the instant application dated 15.11.2016 by Central Bureau of Investigation from Ministry of Personnel, Personal Greivances and Pension . Bharat Gandhi, the Applicant