RAJ KUMAR
Ranchi, Oct.7: Jharkhand High Court today directed the state to file a counter-affidavit asking why Binay Mahto murder case should not be handed over to CBI for investigation.
Binay Mahto had been killed on Sapphire International School campus at Tupudana on February 5, 2016 and police had arrested a four-member teacher’s family associated with the same school.
His death in the school campus had hogged the limelight and an FIR was registered in this connection at Dhurwa police station. So far two adults accused of the case are out on bail while two juveniles were acquitted by Juvenile Justice Board (JJB).
Justice Sanjay Kumar Dwivedi, who had given direction for the CBI probe into police sub-inspector Rupa Tirkey’s death case, gave the direction after hearing a criminal writ petition filed by Binay’s father, Manbahal Mahto, filed on March 8, 2018.
Mahto had knocked on the door of the court after the trial court of Shivpal Singh added names of at least 10
persons associated with the school during the trial stage and Juvenile Justice Board acquitted two juveniles caught in his son’s murder case.
Petitioner’s advocates Randhir Kumar and Khushboo Kataruka confirmed the development saying that the matter is fixed for hearing on November 18 this year.
Asked about the submission before the court, they said they submitted before the high court that the trial court during the trial of the case observed that investigation in the case had not taken place properly and during the trial made more persons accused in the case.
Regarding other submissions, they said that they pointed out loopholes in the collection of evidence that caused acquittal of juvenile accused and did not give police the opportunity to find the real accused. “If the correct sample had been sent to FSL such blunder would not have taken place,” they said.
They said they presented the example of Ryan School, New Delhi, where initially innocent was caught for murder and then proper investigation brought the truth to the fore.
Probed further, they said: “A detailed order will soon be uploaded on the website of Jharkhand High Court.”
Asked Mahto for his comment, he expressed his satisfaction over the development. “I had lost all hope after the case remained unheard for almost three and a half years but as I heard about the development I saw a ray of hope,” Mahto said.
