Home Dehradun HC displeased with laxity in Police investigation against MLA Umesh Kumar

HC displeased with laxity in Police investigation against MLA Umesh Kumar

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By Arun Pratap Singh

Dehradun, 13 Feb: After taking suo motu cognizance of MLA Umesh Kumar’s feud with former MLA Pranav Singh Champion, the Nainital High Court has adopted a very strict attitude. The Court has raised serious concerns over the concealment of facts related to Umesh Kumar and has stated that it would not hesitate to order a CBI inquiry into the case if required. The Court has also expressed shock and surprise over the fact that Umesh Kumar has been allowed to go abroad even as his case was under investigation.

Following the High Court’s intervention, Haridwar Police finally registered a case against Umesh Kumar two weeks after he allegedly threatened SSP Premendra Dobhal on a social media post. The undue delay in registering an FIR against Umesh Kumar has certainly sparked widespread criticism and discussion, especially since a local lawyer had promptly lodged a complaint with the Haridwar Police regarding the threat.

Sources in the know of the controversy claim that the Police have been very lenient with Umesh Kumar as compared to former MLA Kunwar Pranav Singh Champion, who still languishes in Haridwar prison, while Umesh Kumar is openly touring the UAE and taking assignments related to cricket there. They also remind that while Kunwar Pranav Singh’s role was also controversial in the whole episode witnessed recently in the streets of Laksar and Landhaura, Umesh Kumar’s role was much more serious as he was the one to reach the Landhaura palace of Kunwar Pranav Singh Champion and threaten him, in retaliation for which Champion also reached the office of Kumar and allegedly opened fire outside the office.

Justice Rakesh Thapliyal has also sought a response from the state government regarding the approval of Y-category security provided to Umesh Kumar, who, the judge remarked, is “implicated in multiple criminal cases”.

During a hearing held yesterday, Justice Thapliyal also criticised the public prosecutor and investigating officers, stating that the correct facts were not presented in the lower court. The court also raised questions about the MLA’s foreign trip after the incident.

Supreme Court lawyer Arvind Kumar Shukla has remarked that the High Court condemned the action of granting him Y-grade security cover despite Umesh Kumar’s criminal history, allocating government accommodation to him at nominal rent, and allowing him to travel abroad despite serious allegations against him. The court also observed that, in the recent case, Umesh Kumar has been charged with lighter offences while registering a case against him.

Justice Thapliyal pointed out the disparity in law enforcement, noting that while one individual was jailed for a similar crime, the MLA was granted bail. The judge also ordered a review of the investigation report submitted by the public prosecutor.

Expressing concern over the relatively low number of cases registered against Umesh Kumar, the court emphasised the need for a thorough investigation into the whole episode.

The state government has been directed by the High Court to justify the Y-category security provided to Umesh Kumar, usually reserved for high-ranking officials facing terrorist threats. The court has sought to know why the government allocated security at public expense to an individual with a criminal record.

It may be recalled that the state security committee had previously raised concerns about granting protection to Umesh Kumar. Despite this, he continued to receive extensive security cover.

The High Court asserted that security should be provided to Umesh Kumar only as per standard provisions for MLAs, highlighting the risk of criminals misusing government security.

The court also condemned the government’s practice of offering lavish security arrangements to influential figures at taxpayers’ expense. The court sought an explanation for allocating large government bungalows to controversial MLAs.

The High Court specifically questioned the allotment of a Ganga Canal bungalow to Umesh Kumar, the typical rent of which should range between Rs 75,000 to Rs 1,00,000 per month, for a paltry amount of Rs 1,600 per month.

The High Court has summoned case files related to Umesh Kumar from other states and has continued its hearing on the matter. The development exposes the laxity and extra privileges granted to Umesh Kumar despite the fact that there are a number of cases related to serious crimes pending against him.

Justice Rakesh Thapliyal has expressed dissatisfaction with the police investigation, questioning law enforcement’s leniency in handling the case. Embarrassed by the Court’s observations and intervention in the case, Haridwar Police acted swiftly, registering a case against independent MLA Umesh Kumar for issuing threats on social media.

According to a complaint by Civil Lines Kotwali sub-inspector Pushkar Singh Chauhan, on 29 January, Umesh Kumar had posted a live video on Facebook in which he allegedly threatened SSP Premendra Dobhal. Rural SP Shekhar Chandra Suyal today confirmed that a case has been registered under charges of threatening a public servant, and an investigation is underway.

The High Court’s scrutiny of the Kumar vs Champion feud has taken the case in a new direction, intensifying the legal and political repercussions of the controversy. It however remains to be seen what efforts will now be made by Haridwar Police to bring Umesh Kumar back from abroad and regarding the removal of Y-category security to him.