SUDIP MAZUMDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The departed soul of Shri Gobinda Mukhoty would feel satisfied with the result as he had done yeoman's service to protect the precious lives of the tribals who used to go to collect firewood etc. but became victims of firing in the range. He devoted his life and was an ardent champion of human rights of the underprivileged and one of the cases which he had left unfinished, is this case which we are now disposing of partly. In this case, on account of test firing practices being organised at a test firing range near Itarsi in Madhya Pradesh, several of the tribals are becoming victims of the firing and some of them succumb to the injuries and several sustain grievous injuries. That resulted in filing this writ petition. This court, by order dated 18/3/1994 (Sudip Mazumdar v. State of M. P. , 1994 Supp (2) SCC 327 by a Constitution bench, had accepted the recommendations made by High-level Committee of the government constituted pursuant to an order passed by this court. The recommendations, as accepted by this court, are as under:

(2.) For compliance thereof, the matter was adjourned from time to lime and ultimately time was extended by order dated 12/1/1996 to submit full compliance report. Today, an affidavit has been filed by Brigadier Kuppuswami Ramani who is in charge of central Proof Establishment, Itarsi. As per the report, full compliance of the directions issued by this court has been made. We accept the report and close the matter on implementation part.

(3.) The writ petition is accordingly disposed of partly. The proceedings in this writ petition are accordingly closed. On maintainability, reference is awaiting the decision of the Constitution bench.