Lucknow: Even as former Uttar Pradesh minister Amarmani Tripathi and his wife Madhumani have been officially released from judicial custody in connection with the 2003 murder of poet Madhumita Shukla, the trial in another case remains hanging over the strongman’s failure to appear in court for the framing of charges.
The MP/MLA court of Basti is holding a trial in the 2001 abduction of city businessman Dharmraj Gupta’s teenage son, who was later recovered by police from a house in Lucknow “which was being managed” by Amarmani.
An FIR was subsequently lodged under IPC sections 363 (kidnapping), 364 (kidnapping with purpose of murder), 364a (kidnapping and threat to life), 216a (harbouring robbers or dacoits), 212 (harbouring offender), 120-b (criminal conspiracy), and under the UP Gangsters and Anti-Social Activities Act.
Amarmani has yet to appear in court for the framing of charges, reportedly on account of the fact that he is under treatment for an “ailment” at the BRD Medical College in Gorakhpur, which neighbours his stronghold and hometown Maharajganj.
Since earlier this year, the Basti court has repeatedly asked the BRD Medical College about the disease due to which he remains admitted in the hospital.
The court noted this month that despite its request for a detailed report about the ailment, the BRD Medical College had not submitted a clear report and only stated that they had sought information from the chief medical superintendent (CMS) of the Nehru Hospital — the teaching complex on the premises of the medical college.
On 17 August, it directed the chief medical officer (CMO) of Gorakhpur to constitute an independent medical board and submit an inquiry report without any delay. When the report was not received, the court sent a reminder to the CMO Monday.
CMO Gorakhpur Ashutosh Dubey told ThePrint Tuesday that they had submitted the report in court Monday after forming a five-member medical board.
The minister and his wife — serving a life sentence for murder — have been released from prison on account of their “good conduct” in jail, according to a UP government notification issued last Thursday.
However, Shukla’s sister has alleged that the couple has spent over 50 per cent of their 16-year jail term in hospital, and challenged their release in the Supreme Court.
In 2015, there were reports that the Tripathis had been shifted to BRD Medical College for treatment of “depression and mental stress”. Their son Aman Mani has said in interviews since last week that his father suffers from “spinal and neurological issues”.
Also Read: Amarmani Tripathi’s release ties many ends—Yogi’s prison friendship, Brahmin-Thakur vote bank
‘Act of negligence’
In its order dated 17 August, in possession of ThePrint, the court of special judge (MP/MLA) Pramod Kumar Giri said it had directed the Basti superintendent of police to issue non-bailable warrants against accused Amarmani, Naineesh Sharma and Shivam on 2 March.
“In connection with this, the senior jail superintendent of Gorakhpur prison has submitted a report in the court saying that inmate Amarmani was sent to the BRD Medical College on the recommendation of the jail physician on 26 October 2021, where specialist doctors had admitted him to the facility,” reads the order.
The jail superintendent further said in the report that while the prison administration had written to the principal of the BRD Medical College seeking information about Amarmani’s health status, a reply was awaited.
“In connection with the same, when the court asked the principal of BRD Medical College to submit a clear report about the physical strength, disease of Amarmani, rather than submitting a clear report, the principal informed the court that it had asked the CMS of Nehru Hospital to get a clear report on the same from the related physician,” the court order reads.
The court said the BRD Medical College principal’s failure to submit a report on Amarmani’s health and disease “is highly objectionable and an act of negligence”. It subsequently directed the Gorakhpur CMO to constitute an independent medical board to find out what ailment Amarmani is getting treatment for.
‘Framing of charges in case getting delayed’
Speaking to ThePrint, Basti special public prosecutor Basti Devanand Singh said framing of charges in the case was getting delayed due to Amarmani’s failure to appear in court, and abscondence of two other accused — Naineesh and Shivam.
“The court had asked the police to issue non-bailable warrants against Amarmani and two other accused in the case, Naineesh and Shivam, in March, but they are yet to be produced before the court. Due to this, there is delay in framing of charges,” he said.
Singh noted that there are five other accused in the case whose lawyers remain present during hearings, and the court is handling their records separately.
“Charges have been framed against the other five accused who got their case files separated from the other three,” he said.
A total of nine people were accused in the 6 December 2001 abduction of Dharmraj Gupta’s son, and one of them is dead now, Singh said.
Report submitted, can’t divulge details: CMO Gorakhpur
When contacted, Gorakhpur CMO Ashutosh Dubey told ThePrint that they had constituted a five-member medical board on the directions of the court and its report was submitted Monday.
When asked about the findings of the report, he said they could not be divulged as it was a sealed report.
Madhumita’s sister Nidhi Shukla has alleged that rather than staying in jail, Amarmani and his wife Madhumani have remained in the private ward of the BRD Medical College for the major part of their incarceration period.
She has challenged the Tripathis’ release from jail, citing a threat to her life.
“I am shocked to hear that they are being released because, for the past 15 days, we are regularly giving information to the UP government and the governor via letters and emails, about the fact that we have filed a contempt of court petition in the Supreme Court in connection with the case and the hearing was slated on 25 August,” Madhumita said last week, requesting the government to keep the release order on hold till the Supreme Court hears the case.
The Supreme Court, however, issued a notice to the UP government in connection with the petition, giving it eight weeks’ time to respond, which cleared the way for the release of the couple.
The court told the petitioner’s lawyer Kamini Jaiswal to wait for the government’s reply, saying it will send the couple back to jail if there is weight in their arguments.
This report has been updated to correct the name of Tripathi’s hometown — it’s Maharajganj, not Gorakhpur.
(Edited by Sunanda Ranjan)
Also Read: Former UP minister Amarmani Tripathi, convicted for poet’s murder, to leave jail after 16 years