'Conscience Shaken': Uttarakhand High Court Transfers Probe Into Missing Mahant's Case To CBI After 8 Yrs Of Inaction

A bench of Justice Pankaj Purohit expressed strong displeasure over the State police's prolonged failure to trace him even after eight years of investigation.

While allowing the writ petition filed by Mahant Sukdev Muni, the Court remarked thus:

"…the conscience of this Court is particularly shaken by the fact that a citizen of this country is missing since eight years and the Investigating Agencies have not been able to trace his whereabouts".

The Court further held that in the interest of justice and to uphold the right to life and personal liberty guaranteed under Article 21 of the Constitution, the investigation must now be handed over to a special agency like CBI so that the whereabouts of the missing Mahant can be found.

Case in brief

The missing Mahant started his journey from Haridwar to Mumbai on September 16, 2017, by a train. When the train reached Bhopal Railway Station, one of his disciples came to serve him food but could not find him. Despite multiple efforts, the Mahant could not be located.

A missing report was soon lodged at Police Station Kankhal and an FIR under Section 365 IPC (kidnapping) was registered. The Superintendent of Police, Haridwar constituted six teams to search for him and even involved the CCMPM Railways, but without success.

After five months, with no progress, the Investigating Officer filed a final report, which the Judicial Magistrate rejected, directing reinvestigation. Yet, before the HC, it was submitted that even after eight months, no progress report was filed.

The bench was apprised that when the petitioner moved an application before the Magistrate to call for a progress report, the IO hurriedly submitted one without proper investigation and the Magistrate disposed of the matter sending the records to the record room.

Aggrieved, the petitioner then approached the IVth Additional Sessions Judge, Haridwar, who allowed the revision, set aside the Magistrate's order and remanded the matter. Even then, the IO neither submitted any progress report nor conducted a proper inquiry.

The State, on the other hand, submitted in its affidavit that the investigation was transferred to the CBCID on October 21, 2023 and that the new Investigating Officer had sent a progress report to the State.

The counsel for the CBI opposed the transfer of the case as he contended that State agencies were conducting the investigation with utmost seriousness and that the CBI was already flooded with multiple cases.

However, the petitioner's counsel argued that the matter was indeed exceptional since a citizen had been missing for eight years and the investigation had been transferred from one IO to another without any result.

Court's Observations

At the outset, the bench underscored that fair and proper investigation is a right of every citizen integral to Articles 14 and 21 of the Constitution.

Referring to Article 21 and its interpretation by the Apex Court in catena of judgments, the Court said:

"…the words 'life' and 'personal liberty' used in Article 21 include all the varieties of “life” which go on to make the personal liberties of man and not merely the right to the continuance of a person animal existence".

The Court thus allowed the writ petition and transferred the case to the CBI for further investigation.