The Supreme Court today declined to pass a direction for a CBI probe into the mysterious disappearance of a prosecution witness and assaults on other witnesses in a rape case involving controversial religious figure Asaram Bapu.
A bench of justices Anil R Dave and Adarsh Goel said it could be raised before the Allahabad High Court as complaints on it have been lodged in Uttar Pradesh. If such a petition is filed, the High Court is requested to look into it and dispose the same on merits.
After the bench gave the liberty of approaching the High Court, Bennet Castelino, who had filed the petition agreed to withdraw it.
"In the circumstances, it will be appropriate if the petitioner approaches High Court of Allahabad by filing a petition with a similar prayer," the bench said noting that the FIR relating to disappearance of the witness was filed in Uttar Pradesh.
The petitioner had brought the case of missing of Rahul Sachan, who was one of the witnesses.
The petitioner informed the court that Sachan was also stabbed in Jodhpur court on February 13, 2015 where he was summoned as prosecution witness in the case.
"It is a matter of concern that coincidentally important Prosecution Witnesses are being killed or assaulted in this case. It is likely that prosecution witnesses have personal knowledge of events that can expose a history of sexual abuse that many minor children and women have been exposed to," he said in his plea.
The petition further said that Rajasthan, Uttar Pradesh and Gujarat governments were conducting parallel probes into Sachan's disappearance but till date he has not been traced.
He further said since November 21, 2015 there has been no contact with Sachan and UP police has been following this.
