Letter petition before Allahabad HC seeks independent probe into advocate's arrest allegedly after his RTI application

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Synopsis

The plea alleges that when the advocate filed an RTI application regarding development schemes in his village, the son of the village head called and asked him to compromise the matter. 

 

A letter petition has been filed before the Allahabad High Court seeking a CBI or other independent agency's probe into the arrest of a young lawyer and his family members allegedly after the lawyer sought RTI information to reveal corruption in his gram panchayat.

Advocate Shiv Kumar Yadav & his family members from Ghazipur district have been booked under various Sections of the Indian Penal Code and Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The advocate practices in Delhi. On July 30, 2021, the advocate filed an online RTI application seeking information pertaining to Gram Panchayat-Sarvarpur, District- Ghazipur,(UP). 

As per the letter plea, after filing of the RTI application, the son of the village head called the advocate and asked him for a compromise and also threatened him to face consequences, if he decides otherwise. 

Thereafter, the advocate filed a complaint with the Police regarding the apprehension of a threat from the village head's son.

However, allegedly, upon the advocate's refusal to compromise, an FIR was lodged against his elder brother & cousin on November 4, 2021, under Sections 354A,504 & 506 of the IPC,1860 as well as under Section 3(2) (va) of SC/ST Act. A complaint was also made against the advocate under Section 156 (3) of the CrPC before Special Judge SC/ST Court, Ghazipur.

The letter plea states that both the cases—the FIR and complaint case, were lodged by the same lady just by slightly changing the place of occurrence of the crime.

Moreover, on June 21, 2022, another FIR in Khanpur Police Station, Ghazipur was lodged against the father of the advocate. 

The letter petitioner further states that subsequent to the filing of the RTI and the First Appeal under the RTI Act, 2005 a mass level corruption was unearthed, and after much effort, an enquiry was ordered but, instead of any action, officials protected the defaulters.

As per the letter petition, the advocate is currently in judicial custody.

The letter plea has been filed by Advocate Saurabh Tiwari.