LAWS(DLH)-2008-7-451

SATYABHAMA PRADHAN Vs. NCT OF DELHI

Decided On July 31, 2008
SATYABHAMA PRADHAN Appellant
V/S
NCT OF DELHI Respondents

JUDGEMENT

(1.) Present writ petition has been filed by the Petitioners seeking writ of mandamus against respondent Nos. 1, 2 and 6 to take action after conducting an independent and impartial enquiry by a fair investigating agency against the erring officials including respondent Nos. 3,4,5 and 7 for falsely implicating victim Abhimanyu Pradhan, the husband of Petitioner No.1 and father of Petitioner Nos. 2 to 4 in the case FIR No.314/2004, under Sections 302/392/34 Indian Penal Code (IPC) and for his custodial death and also to direct the respondents to pay jointly or severely a suitable compensation to the Petitioners under the given facts and circumstances of the case for custodial death of the victim Abhimanyu Pradhan.

(2.) In brief the case of the Petitioner is that the victim Abhimanyu Pradhan was working as an LIC Agent in Delhi and was earning about Rs.7,000/- per month. He was an honest person and a devoted social worker and committed Trade Unionist. He used to get appreciation from the poor and downtrodden workmen but earned enmity of the management/industrialist. He was happy with his work and was responsible towards his family. He was satisfied with his earnings and had bank balance of Rs.40,000/- in the month of July, 2004, also he was the only bread earner of the family. Victim Abhimanyu Pradhan was implicated as an accused in a murder case when body of a dead person Sanjay Kumar was found lying behind Pratap Khand in the bushes near the railway line within the jurisdiction of Police Station Vivek Vihar, Delhi and where admittedly there was no eye witness. Abhimanyu Pradhan was illegally arrested and was innocent which is borne out from perusal of the material documents placed on the record. There was no reason or cause to commit the alleged robbery and subsequently murder, as he had sufficient means and income to maintain himself and his family.

(3.) Victim Abhimanyu Pradhan was suffering from a serious disease i.e. he was a chronic heart patient and his heart valve was to be replaced by way of operation without any delay. The doctor had diagnosed and reported the same to the jail authorities but malafidely no steps were taken in this regard. Condition of the victim continuously deteriorated day by day and one day he was found dead in suspicious circumstances inside the bathroom of G.B. Pant Hospital and no intimation to the family members of the victim i.e. the Petitioners was given. Petitioners therefore, apprehended that Abhimanyu Pradhan had been killed in conspiracy by all the respondents in sheer violation of basic human rights, fundamental rights and other statutory rights of a citizen and therefore their acts amounted to various offences punishable under the law of the land. Since Abhimanyu Pradhan died, he could not face trial of the case and could not get an opportunity to produce evidence in his defence regarding his claim towards the alleged robbery of money which belonged to him. As the respondents had violated various principles as laid down by this court as well as by the Supreme Court in utter disregard of provisions of law the petitioners who were totally dependent upon the deceased, have therefore filed the present writ petition seeking appropriate legal action and compensation against the respondents.