K NINGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are policemen working in Karnataka State Reserve Police (KSRP). Their services were utilised by inducting them in the "Special Task Force" (STF) constituted for the specific and sole purpose of capturing the infamous forest Brigand Veerappan in M.M. Hills in Chamarajanagara-Kollegala areas of the State of Karnataka. Petitioners were among 754 members of the STF, who were involved in the operation of capturing Veerappan as on 18.10.2004.

(2.) Veerappan and his gang were indulging in elephant poaching and smuggling of sandalwood on a large scale, since long time. The said gang started indulging in extortions, murders, kidnapping for ransom, etc. from 1983. Subsequently, i.e., somewhere in the year 1984, the said gang started attacking and killing forest and police officials, who tried to control their illegal and terrorist activities. The said gang killed about 2000 elephants, committed theft of 40,000 kgs. of tusks worth about 12 crores and has denuded the sandalwood from the forest areas situated in the borders of Karnataka, Tamil Nadu and Kerala, worth more than 100 crores. The operation to nab Veerappan and his gang members, lasted for 14 years in hilly terrain resulting in the death of 123 police officers apart from causing grievous injuries to 61 persons. The operation ultimately culminated in the capture and death of Veerappan on 18.10.2004. In the course of said service, the Petitioners and the similarly situated STF personnel were exposed to dangers to their life and limb in the form of wild animals, extreme weather conditions in the forest areas and faced threat of attacks from forest brigand.

(3.) The Government of Karnataka announced on 8.7.2005, a 'package' reward of about 50 crores in favour of STF personnel. The said reward was proposed to be distributed in three forms viz., (1) cash reward, (2) allotment of free house sites and (3) one increment in pay. The Government Order dated 8.7.2005 announcing the aforementioned package reward is produced at Annexure-A to the writ petitions. The third Respondent herein sought for details of availability of the sites in the respective Districts. Certain of the Districtwise reports received by the third Respondent regarding the availability and non-availability of the sites are produced at Annexure-C series. However, the Respondents did not allot free sites in favour of STF personnel even after lapse of three years and consequently some of the STF personnel made representations to the Government of Karnataka, as per Annexure-D. Even then, no purpose is served. Hence, around 130 members of the STF personnel approached this Court by filing WP. No. 19957/2009, praying for direction to State Government for allotment of sites. The said writ petition was disposed of on 21.7.2009, directing the Respondents to consider the representations within six months. Even after lapse of six months, the Respondents did not consider the said representations relating to allotment of sites. Thus, two of the STF personnel, Mr. Venkappa Rai and Mr. Jagannathan N, filed contempt petition in CCC. No. 365/2010. During the pendency of the said matter, the Respondents complied with the directions by allotting them sites and consequently, contempt petition was closed vide order dated 24.5.2010. Similarly, Mr. Ningappa, Mr. Jayaswamy and Mr. Bhaskar Rai, the former STF members filed contempt petitions in CCC. Nos. 507-508/2010. During the pendency of the said matter, the State Government complied with the direction by filing a memo before this Court that the Petitioners therein will be allotted sites. Consequently, those three persons were also allotted sites and the contempt petitions were closed.