MUNIR ALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) On the night intervening 1st and 2nd October, 1996, in the vicinity of the Lodge of the Vice-Chancellor, Aligarh Muslim University, firing took place in which Nadeem Alam, the 20 year old son of the petitioner was killed. A formal report was filed by respondent No. 3 (Proctor of the University) on 2nd October, 1996 which was incomplete and, therefore, an additional report in continuation of the earlier report was also filed.

(2.) In this petition, which has been filed by the father of the deceased-Nadeem Alam, it is alleged that the police, with a view to cover up its act of commission of unjustified and unprovoked firing, manipulated the record and filed a final report in the committal Court. According to the petitioner, the investigation into the incident of firing was conducted in a wholly slipshod and a biased manner. The petitioner has, therefore, inter alia prayed in the petition that a fair investigation be got conducted into the incident through the C.B.I. and to punish the guilty and award exemplary damages to the family of the deceased.

(3.) Notice was issued in the Writ Petition on 13th November, 1997. Counter and rejoinder were filed thereafter by the parties. Not being satisfied with the reply, on 16th March, 1998, a Bench of this Court, felt that for proper disposal of the Writ Petition, the matter required to be inquired into by a competent Judicial Officer. Accordingly, the learned Sessions Judge, Aligarh was directed to inquire into the matter himself or to get it inquired by a competent officer, not below the rank of an Additional Sessions Judge and to submit the report of inquiry to this Court within two months from the date of communication of the order. The period of two months was, however, extended from time to time to enable the learned Additional District and Sessions Judge, Aligarh, who had been detailed to hold the inquiry, to submit his report.