STATE OF GUJARAT Vs. DHARMISTHABEN NARENDRASINH RANA

JUDGEMENT

(1.) This Letters Patent Appeal filed by the State of Gujarat on 19th June 1997 is directed against the judgment and order dated 21.2.1997 passed by the learned Single Judge in Special Criminal Application No.101 of 1996 whereby a direction was given for payment of a sum of Rs.2 lacs to the original petitioner, i.e. Dharmishtaben Narendrasinh Rana, as a measure of interim compensation.

(2.) The facts of the present case depict a dismal story of the death of Shri Narendrasinh Rana who was working as an Assistant Intelligence Officer in the establishment of Intelligence of the Police Department. At the relevant time, he was posted as Assistant Intelligence Officer at Lunawada, District Panchmahals, at Godhra. An application dated 11th January/19th January 1996 addressed to the Chief Justice of this Court by one Dharmishtaben, i.e. wife of deceased Narendrasinh Rana was received by post with the prayer that for the facts, reasons and grounds stated in the application, a high level inquiry be ordered in the matter of death of her husband. On 24th January 1996, the Joint Registrar of this Court made a submission on the basis of this application dated 19th January 1996 received from Dharmishtaben recording therein that in her application, she had stated that on 1.11.1995 at 1 O'clock in the midnight, Mr.M.H.Joshi, PSI, Local Crime Branch, Godhra, Police Constable Dinesh and other members of the staff came and took her husband in a jeep; Mr.Joshi took her husband to CID office and after that, at 6.30 a.m., he was taken to Government Guest House at Lunawada. At 7.15 a.m., her husband had gone to urinals and Police Constable Dinesh also went with him; at that time Dinesh came to PSI Shri Joshi and told him that Head Constable Rana had shot down himself and hearing this, Mr.Joshi rushed to the spot and found the body of Head Constable Rana lying in between the door of the urinals. The PSI had taken the body outside and Police Constable Dinesh had taken the revolver. It was further stated in the application that there was something fishy about the death of her husband and she had a doubt that PSI Mr.Joshi and Police Constable Dinesh had murdered her husband and the Sub Divisional Police Officer Mr.Dave had helped them. On these allegations, a high level inquiry with regard to the aforesaid incident was sought. It appears that the then Acting Chief Justice, on the very same day, i.e. 24th January 1996 recorded 'Yes' to the part "A" of the aforesaid submission made by the Joint Registrar that the said application in question as sent by Dharmishtaben may be treated and registered as Special Criminal Application under Rule 31 of the High Court (Amended) Rules, 1995 and the same be placed before the Court for appropriate orders. Accordingly, the said application was registered as Special Criminal Application No.101 of 1996 with the tile of Dharmishtaben petitioner vs. 1) State of Gujarat, 2) Shri M.H. Joshi, PSI, LCB, Godhra, 3) Dave, SDPO, 4) Police Constable Dinesh, and 5) Ambalal Rana, landlord of the house of the CID office as respondents. The copy was served upon the Public Prosecutor. On 1.2.1996, notice returnable for 9th February 1996 was issued to respondents nos.2 to 5 with a direction to remain personally present before the Court and file their respective affidavits-in-reply with regard to the allegations made in the application. On 9.2.1996, the matter was adjourned on the request of the respondents nos.2 to 5 to 23rd February 1996, the matter was then made to stand over and on 16th March 1996, it was stated on behalf of the respondent no.1 State of Gujarat that DSP, Panchmahals, Godhra had directed the Addl. DSP of Panchmahals to inquire into the matter and the inquiry had already been made. Learned Public Prosecutor was, therefore, directed to furnish a report of such inquiry on record and also to produce the post mortem notes and other medical papers relating to the death of deceased Narendrasinh Rana and the matter was posted for 25th March 1996. On 25th March 1996, it was made to stand over to 8th April 1996 on the request of learned Govt. Counsel and on 8th April 1996, it was made to stand over to 10th April 1996 on the request of learned Govt. Counsel and again adjourned to 25th April 1996 on 10th April 1996. On 25th April 1996, while making the matter S.O. to 18th June 1996, learned Govt. Counsel was asked to see that on the next date, i.e. 18th June 1996, the Officer of CID (Crime) who is incharge of the investigation remains present before the Court with the investigation papers. Learned Govt. Counsel was also directed to request the Govt. as to whether the investigation be handed over to the top officers of CID (Crime). Thereafter the matter was made to stand over to different dates. It appears that in the meantime, an affidavit dated 11th March 1996 had been filed by Shri M.H.Joshi, PSI, Local Crime Branch, at Godhra, District Panchmahals and an affidavit dated 1st March 1996 had been filed by Shri Dave, Dy.SP, Lunawada, Panchmahals and an affidavit dated 11th March 1996 had also been filed by Shri Ambalal Rana residing at Lunawada. It further appears that Shri K.H.Bhaya had entered appearance on behalf of the petitioner and on 2nd July 1996, it was recorded that learned Counsel for the petitioner had insisted that the investigation be handed over to either Dist. Magistrate or the Addl. DGP, CID (Crime). It was also recorded that the investigation was in progress and the PI, CID (Crime), Godhra Shri R.M.Bhabhor had been conducting the investigation into the matter. The submission of Mr.M.R.Anand, learned Public Prosecutor was also recorded that the investigation hereafter shall be under the direct supervision of either the SP or DIG, CID (Crime) and the Govt. report of the investigation shall be submitted to the Court. It was also directed by the Court on this date, i.e. 2nd July 1996 that the investigation shall be completed and the report shall be submitted on or before 31st August 1996 and the investigation shall be under the direct supervision of DIG, CID (Crime). The matter was adjourned to 2nd September 1996 for submission of the report. It appears that a report dated 16th September 1996 under the signatures of one Shri Gurdial Singh, IG (Crime) was filed. On 15th October 1996, when the matter came up before the Court, time was granted for filing an affidavit on or before 22nd October 1996 and thereafter Shri H.R.Gehlot, DIG, CID (Crime) filed an affidavit dated 17th October 1996. On 22nd October 1996, the matter was made to stand over to 24th October 1996 and on 24th October 1996, it was stated before the Court and recorded in the proceedings that the investigation had been completed but the report had to be filed and a direction was given to file the reply as to what was the conclusion of the investigation and such report was directed to be filed within a week's time and that the papers of the investigation were also to be kept ready. The matter was posted for 1st November 1996. It appears that thereafter the report dated 30th October 1996 was filed under the signatures of Shri H.R.Gehlot, Dy.Inspector General of Police, CID (Crime) and thereafter on 23rd December 1996, Rule returnable for 27th January 1997 was issued. On 27th January 1997, the Advocates for the parties sought time and the case was made to stand over to 17th February 1997 and the learned Single Judge decided the matter on 21st February 1997 partly allowing the petition. The operative part of the judgment as contained in para 23 is reproduced as under:

(3.) This judgment and order dated 21st February 1997 has been challenged before us through the present Letters Patent Appeal. During the course of hearing of this Letters Patent Appeal, on behalf of the State of Gujarat, an affidavit dated 15th June 2000 has been filed. In this affidavit, while making reference to the affidavit dated 17th October 1996 filed by Shri H.R.Gehlot and his report dated 30th October 1996, it has been stated that: