(Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.)
Nivedita Jha _______________________________________ Petitioner;
v.
State of Bihar and Others ________________________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 24978/2018, decided on October 25, 2018
The Order of the court was delivered by
Order
1. There are various serious allegations made against Mr. Brajesh Thakur by the CBI. We have also noted the influence wielded by Mr. Brajesh Thakur in our order dated 20th September, 20181.
2. In view of the serious nature of allegations made against Mr. Brajesh Thakur, it appears to us prima facie that it may not be appropriate in continuing his custody in Central Jail, Bhagalpur or any other jail in the State of Bihar.
3. Issue notice to Mr. Brajesh Thakur to show cause why his custody be not transferred to some other State in the country returnable on 30th October, 2018.
4. The CBI will serve him dasti.
5. We have also been informed by learned Special Public Prosecutor that Mr. Brajesh Thakur has constructed a four-storeyed building having height of 50 ft. with no window except on the top/fourth floor. This building was being used to run the shelter home which is the subject matter of our consideration.
6. It appears to us prima facie that this building is unauthorized. Learned counsel for the State of Bihar says that the matter will be looked into and notice for demolition will be issued if it is found that the structure does not conform to the legal provisions.
7. Learned Special Public Prosecutor says that investigations are going on and he expects that the charge-sheets will be filed fairly soon.
8. We request the concerned Forensic Science Laboratories to expedite the analysis of samples so that the charge-sheets can be filed by the CBI.
9. Learned Special Public Prosecutor also says that investigations are being conducted into the transfer of some of the girls on or about 20th March, 2018 and the circumstances under which they were transferred.
10. It is pointed out by learned amicus curiae that Mr. Chandrashekhar Verma has still not been arrested and is absconding according to CBI and the State of Bihar. However, she says that as per her information, Mr. Chandrashekhar Verma has been seen in Patna in the official residence of his wife who was ex-Minister in Bihar.
11. The State of Bihar and the CBI will file a status report relating to delay in tracing the whereabouts of Mr. Chandrashekar verma.
12. Learned amicus curiae is permitted to file a Note on or before 29th October, 2018.
13. It is made clear that the CBI Team investigating into the incident in Muzaffapur should not be changed without leave of this Court.
14. List the matter on 30th October, 2018.
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1 Nivedita Jha v. State of Bihar, 2018 SCC OnLine SC 1616
