ANITA YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Ms Priyanka Shukla, learned counsel for petitioner. Also heard Shri Satish Chandra Verma, learned Advocate General along with Shri Chandresh Shrivastava, learned Additional AG, appearing for the State.

(2.) Brief facts of the case are that son of the petitioner, namely Nikhil Yadav @ Maheshwar Yadav (hereafter, referred to as 'the deceased') died on 27/7/2019 under unnatural circumstances while he was in the Observation Home, Nutan Chowk, Sarkanda, Bilaspur. The deceased Juvenile was arrested on 19/7/2019 by the Police, PS-Sarkanda, Bilaspur in FIR-658 of 2019 under Sec. 457 and 380 of the IPC. He was presented before the learned Chief Judaical Magistrate, Bilaspur and was sent to Central Jail, Bilaspur. On an application moved by the Head Constable PS Sarkanda, Bilaspur, learned CJM, on the basis of Aadhar Card and School Certificate of the deceased, found him Juvenile, and immediately vide order dtd. 25/7/2019, transferred him to the Observation Home, Nutan Chowk, Sarkanda, Bilaspur on 26/7/2019. On the next day ie on 27/7/2019, deceased found hanging by a gamcha on the iron rod of ventilator of the room near the bathroom at 6.30 a.m. Information was given to his parents about the said incident at 11 a.m. Parents of the deceased made a written complaint to the Superintendent of Police, Bilaspur on 7/8/2019 regarding the ill-treatment committed on the Juvenile inmates in the Observation Home. When no action was taken in the complaint, they filed another complaint to the Inspector General, Bilaspur Division, CG regarding unnatural death of the deceased.

(3.) Learned counsel for petitioner submits that respondent authorities violated the rules. In judicial enquiry, conducted by the learned Chief Judicial Magistrate, Bilaspur, it was opined that there was serious irregularities and illegality on the part of the Police authorities, jail authorities, Officers and employees of Observation home. All concerned authorities violated Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'JJ Act'). When the deceased was in the Observation Home in another case filed against him, he also complained to his parents that staff members use to abuse physically against juveniles. All guilty Officers and employees should be punished and a direction may be given to pay compensation to petitioner, as she lost her young son.