The Supreme Court on Monday issued notice to the West Bengal Government, the Centre and the CBI on a habeas corpus petition filed by Krishan Upadhyay following the mysterious disappearance of his brother Sunil Kumar Upadhyay, who had blown the whistle on illegal removal of artifacts from Indian Museum in Kolkata.
Sunil had gone missing days after he alleged that several important artifacts were removed from the museum and replaced with replicas. With his family alleging foul play, the Supreme Court Bench headed by Chief Justice RM lodha issued notices.
Thirty-five year-old Sunil Kumar Upadhyay was last seen on July 3 by his friends. After attempts to trace him failed, the West Bengal police informed his family that it was trying to contact police of other States.
Being a Class I officer posted as Preservation Officer at the Indian Museum, Kolkata, Sunil had knowledge of irregularities in the management of the museum. As part of his efforts to cleanse the system, Sunil had raised the stink on fake Rabindranath Tagore painting kept at the museum. He alleged that original painting was missing from the museum.
The petitioner, a resident of Ghaziabad, apprehended that the life of the officer was at peril as he had lately threatened to expose the sale of valuable Indian artifacts making way into the international market.
The SC Bench, also comprising Justices Kurian Joseph and RF Nariman, initially was hesitant to entertain the matter, and said the petition should be first heard in the Calcutta High Court. But senior advocate Dushyant Dave, who represented the petitioner, argued that the victim’s family was based in Uttar Pradesh and argued that it was a perfect case for the apex court to intervene as the life of a whistleblower was at stake for raising a national cause.
The petition filed by advocate Anirudh Sharma even highlighted the State of affairs at the Indian museum at Kolkata and the fact that till date no action was taken to trace him. A missing report was lodged on July 4, 2014 which was converted into FIR only on July 19, 2014.
“It now transpires that a complex investigation by an expert investigating agency would be required, having seamless jurisdiction and will to take on the local mafia dealing in artifacts,” the petition said.
Upadhyay was in the running for Deputy Director of Indian Museum. Days before he reportedly went missing, he was pressurised to withdraw his application for the post as the higher-ups feared that his elevation was a threat to their nefarious activities.