1. Aggrieved by lacklustre attitude and alleging that no fair investigation is being carried out in the matter of cold blooded murder in broad day light of one Umesh Rajput, a journalist, working as Junior Sub-Editor, Editorial Department of the newspaper Nai Duniya, this petition has been filed by his brother, knocking doors of justice with a prayer to direct expeditious fair and impartial investigation into the murder by an independent and high powered investigating agency.

2. Material facts as adumbrated in the petition and necessary for decision of this petition are that the brother of the petitioner, namely Umesh Rajput, who has been murdered, was a member of C.G. Working Journalist Union. On 1-9-11, he was appointed as the Junior Sub-Editor of daily newspaper Nai Dunia. Umesh Rajput had been reporting in the newspaper regarding malfunctioning and negligence in the treatment of patients in Community Health Centre, Chhura, District-Gariyabad. It is said that on 18-12-10 allegedly due to ill-treatment and negligence, one tribal woman Smt. Runjibai Gond, w/o Khamsingh Gond, who had come to the hospital for an eye operation, died. It is further alleged that the tribal woman was operated upon carelessly and negligently resulting in development of complications leading to her death. The information was collected from the relatives of the deceased by Umesh Rajput and thereafter, news items were published in the newspaper reporting alleged negligence. A news item was published on 13-1-11 in Mahasamund, editor of the newspaper Nai Dunia. It is further said that the issue gained momentum resulting in publication of the said news regarding alleged medical negligence leading to death of a tribal woman in other newspapers.

3. It is also said that on 14-1-11, deceased Umesh Rajput was called by respondent No. 6 over telephone to record the statement of the husband of the deceased tribal woman. However, it is said, when Umesh Rajput reached the hospital, respondent No. 6 threatened him of dire consequences as he got published news in the newspaper on 13-1-11. Faced with this threat, a complaint in writing was lodged by Umesh Rajput in the police station. filed as Annexure P/6. Having taken cognizance, police registered FIR under crime No. 08/11 that very day on the allegation of commission of offence under Sections 290, 506 of IPC.

Further case of the petitioner is that the incident of holding out threat to Umesh Rajput for his fearless journalism resulted in public outrage and various representations Annexures P/8, P/9, P/10 were made by representatives of people at the grass-root level and associations, claiming to be protectors of tribal, for transfer of the person responsible for the incident. Further case of the petitioner is that as respondent No. 6 wielded considerable high place connections, she prevailed upon the police not to take any action.

4. Barely nine days after lodging of report by Umesh Rajput, on 23-1-11, it is said, two motorcyclists arrived in his house in broad day light, called him out and fired gunshot at him. Umesh Rajput was taken to hospital where he was declared dead.

5. Media reported that death of Umesh Rajput was the price which he had to pay for revealing truth as a fearless journalist.

The police proceeded to register a criminal case under crime No. 12/11 on the allegation of commission of offence of murder of Umesh Rajput punishable under Section 302, IPC and Sections 25, 27 of the Arms Act against unknown persons. It is said that as the issue related to cold blooded murder of a journalist in broad day light in the back drop of he reporting incidents of medical negligence leading to death of a tribal woman, it was raised on the floor of the State Legislative Assembly leading to constitution of a team of police officers to investigate into the matter. However, the culprits were not brought to book and it has been alleged by the petitioner that the police is not carrying out fair investigation due to poli