RELATING TO CRL INTIMIDIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This case is an eye opener as it reveals that those who have been assigned the solemn duty to dispense justice are facing criminal intimidation at the hands of the authorities which have the responsibility to maintain the law and order.

(2.) The facts and circumstances giving rise to this petition are that Shri B.V. Rao, Judicial Member of Central Administrative Tribunal (hereinafter called 'CAT') was asked by the Hon'ble ChAIR man of the CAT to hold the Circuit Court at Ranchi, Jharkhand from 18.2.2008 to 22.2.2008. After receiving intimation from Principal Bench CAT, New Delhi, the officer concerned at Ranchi Bench asked for reservation of accommodation for Shri B.V. Rao to the Secretary to the Government of Jharkhand in the Home Department. In consequence thereof the DIG (Personnel) was asked for reservation of two suites for two members of CAT in the Khukhari Guest House. Room No. 206 in that guest house was allotted to Shri B.V. Rao. The said room was occupied by Shri B.V. Rao on proper authorization and allotments. When Shri B.V. Rao came back from the Tribunal to the Guest House on 21.2.2008 at about 4.30 p.m., Smt. Nirmala Choudhary, Inspector General of Police (R-3) interrogated him as to in what capacity he was staying there Inspite of disclosing his identity by Shri B.V. Rao and informing her about the purpose for which he had come there, she left the room. After a short while, at about 5.15 p.m., eight police personnel, who were in uniform and having arms, forcibly opened the door of his room after breaking the bolt. They abused Shri B.V. Rao and searched the entire room. They did not even spare to examine the judicial records of CAT. Those police persons dragged Shri Rao to the ground floor along with his belongings where Smt. Nirmala Choudhary (R-3) was standing. She forced him to open his suit case, brief-case and all other belongings. She had taken away his identity card, flight ticket, tour programme sheet and authorization letter granted by the ChAIR man for holding the court at Ranchi besides he was criminally intimidated and abused.

(3.) Immediately, after the incident, Shri B.V. Rao informed the Director General of Police (hereinafter called 'DGP'), Jharkhand about the incident on the same day. The DGP directed Shri P.R.K. Naidu, IG, Special Branch to look into the matter and report immediately. After conducting the enquiry, Shri P.R.K. Naidu, IG submitted his report on 22.2.2008. According to the said report, Smt. Nirmala Choudhary (R-3) was not in a right frame of mind and suffering from some kind of schizophrenia. The armed persons who were on duty along with her had carried out her illegal orders. On the next day, the DGP along with other senior officers met Shri B.V. Rao in his room and apologized personally for grave inconvenience caused to him due to unpardonable behaviour of senior police officer disclosing that Smt. Nirmala Choudhary (R-3) was suffering from mental disorder.