In a development which is as sensational as it is unprecedented, crucial documents regarding criminal cases against top mafias of Uttar Pradesh (UP) have gone missing from the trial courts.
Interestingly, most of these mafias are either politicians or enjoy political patronage. Officials admit this is a major embarrassment for UP Police as well as the judicial machinery. Besides, the missing documents could help the mafias get away in cases including murder, attempt to murder, extortion, kidnapping and those under the anti-gangster Act.
UP director general of police (DGP) Karamveer Singh admits the crucial documents have indeed been reported missing. He is of the view that in the absence of these documents, it would be difficult to secure hardened criminals’ conviction. He says a statewide inquiry is on to ascertain the extent of damage.
Sources in UP Police say preliminary investigations have revealed crucial documents relating to top mafias, including Mukhtar Ansari (independent MLA), Brijesh Singh (wife is a BSP MLC), Tribhuvan Singh, Ajay Rai (Congress-affiliated independent MLA) and Vijay Mishra (Samajwadi Party MLA), are missing from the files in the lower courts. Such cases have been reported from district courts in Jaunpur, Ghazipur, Varanasi, Azamgarh and Allahabad.
“The situation is appalling,” says a senior police officer. He quotes the example of Brijesh Singh to explain how police were fighting a losing battle against mafias in the courts. “In six murder cases, we have not been able to secure his conviction as witnesses turned hostile. In the seventh, we find the copy of the original FIR missing from the court,” he says.
Sources say the missing FIR proved to be just the tip of the iceberg. “Once we started looking into other cases pending in courts against Brijesh Singh, we found that documents from those files were also missing… it is obvious that this is not due to negligence of clerical staff alone,” a senior officer said.
An inquiry into the cases of other influential and politically backed mafias revealed this was indeed an organised racket. UP Police as well as the judges in the lower courts are now looking at possibilities if such cases can be pursued on the basis of copies of FIRs and other crucial documents. However, senior high court advocate JS Tomar says the original FIR is the most important document in any criminal case, and if it goes missing, it would be impracticable to pursue the case.
