27th September, 2006

The Allahabad High Court has directed a CBI inquiry in a matter relating to communal riots, that took place in Mau district of Uttar Pradesh last year.

Justice Barkat Ali Zaidi observed it is not possible to expect a fair and impartial probe by the present prosecuting agency and it is necessary in the end of justice that the matter be entrusted to a more responsible and independent investigating agency.

The court has asked the CBI director to submit a progress report to the court within 60 days and has fixed December 4 as the date for further hearing.

The order has been passed on a writ petition filed by Farzana Khatoon and her husband Mohd Muslim of Mau.

As per allegations made in the application on October 15, 2005, the rioters entered the house of the applicant, beat them and raped Farzana and her daughter. Thereafter, the rioters looted valuables in the house before fleeing.

The applicants claimed they have been making efforts to get their statements recorded under section 164 CrPC by the chief juidicial magistrate, Mau but the investigating officer did not turn up and magistrate did not record their statement.

By a March 30, 2006 order, the HC had directed the Mau SSP to transfer the probe to any other police station instead of police station Kotwali, Mau and for getting her statement recorded under section 164 CrPC.

It is alleged that inspite of the HC order, the investigating authorities did not take any step to get the statement recorded.

The court also directed the police to take steps for the protection of two applicants and their family members in Mau.

(UNI)