Shimla, May 21,
The Himachal Pradesh High Court on Tuesday reserved its verdict on the plea seeking a Central Bureau of Investigation (CBI) probe into the controversial death of Vimal Negi, with a final order scheduled for May 23.
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A single-judge bench led by Justice Ajay Mohan Goel heard arguments extending over three hours, as Advocate General Anup Rattan defended the state’s investigation and senior advocate R.K. Bawa, appearing for the petitioner, raised serious doubts regarding the integrity of the ongoing probe.
Bawa highlighted discrepancies in the status reports submitted by various agencies, particularly drawing attention to forensic findings related to a pen drive seized from constable Pankaj. According to Bawa, the device contained around 15,000 files that were later formatted, as confirmed by forensic analysis, raising red flags about possible tampering and the fairness of the Special Investigation Team’s (SIT) inquiry.
Justice Goel questioned Advocate General Rattan about contradictions between the reports submitted by the Director General of Police (DGP), the Additional Chief Secretary (ACS), and the SIT headed by Shimla Superintendent of Police Sanjeev Gandhi. The court noted that the inconsistencies reflected poorly on the internal coherence and discipline of the state’s law enforcement apparatus.
In response, the Advocate General clarified that two separate SITs had been constituted—one by the DGP to trace the missing person and another to investigate the circumstances leading to the alleged abetment to suicide. He further argued that the ACS report, which is based on witness statements already recorded by the SIT, should not be considered legally binding.
The court ordered that the sealed report submitted by the ACS be returned to the state for appropriate action but directed that a copy be preserved in court records for reference.
SP Sanjeev Gandhi informed the bench that the SIT investigating Negi’s death is distinct from the team that conducted the missing person inquiry. He assured the court that the ongoing investigation is being conducted under the newly enacted Bharatiya Nyaya Sanhita (BNS) to uphold the principles of justice.
Justice Goel, however, reiterated concerns regarding the lack of consistency among various police reports and emphasized that procedural discipline is vital in sensitive investigations of this nature.
With arguments concluded, the court is now set to deliver its verdict on May 23, which will determine whether the probe is transferred to the CBI.
