HANUMANTHRAYAPPA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THE Beggars Relief and Rehabilitation Centre, called 'Nirashrithara Parihara Kendra', generally known as "Beggars Colony" situated at Magadi Road, Bengaluru ('NPK' for short) was in news in the 3rd week of August 2010. The print and electronic media having reported large number of deaths in the NPK, on 22.08.2010, the then Chief Minister of Karnataka, visited the NPK and being unhappy with its administration ordered an inquiry. Shri S. Selvakumar, IAS, Project Administrator, Karnataka Health System Development and Reforms Project and Mission Director, National Rural Health Mission, Bengaluru was appointed as the Inquiry Officer.

(2.) THE Inquiry Officer having conducted the inquiry and submitted the report in two volumes, the Government, by an order dated 01.11.2011 having directed the institution of FIR against the then Officers and employees of the NPK and a complaint having been lodged by respondent No. 2 on 01.11.2011 vide Annexure -A and the Kamakshipalya Police having registered a case in Crime No. 7/2011 on 04.11.2011 for the offence under S. 304 -A IPC and submitted FIR to the V ACMM, Bengaluru vide Annexure -B, this petition was filed for quashing of the said proceedings. The 4th petitioner having died on 11.11.2013, the proceedings as against him has abated.

(3.) PARA 12.2 of the Inquiry Report is with regard to the lack of supervision and co -ordination in the NPK. Para 12.3 is with regard to the poor maintenance of records of inmates by Chief Warder/Head Warder and improper account of the inmates. Para 12.4 of the Report is with regard to the tampering of the attendance register/records by Warder with the connivance of the Administration. Para 13 is with regard to the procedural lapses. Para 14 is with regard to the medical negligence. Para 14.7 is with regard to sorry state of affairs at the dormitories, cleanliness and medical care taking a backseat. Para 14.9 is with regard to the lapses regarding issue of death certificates. The conclusions have been summarized at para 16.1 to 16.8. The same being relevant, are extracted herein below: