RAMJUBEN AAPBHAI BORICHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Kogje, learned APP waives service of rule on behalf of the respondent State. With the consent of the parties, the matter is finally heard today.

(2.) The petitioner has preferred this petition for appropriate directions to appoint the commission comprising of Judicial Officer, Representative of any Voluntary Organization working in the field of Human Rights to inquire into the misdeeds and illegal actions of respondents No.2, 3 and 4 qua the petitioner and other lady members of the family and relatives and to submit the report within a stipulated time limit. The petitioner has also prayed to direct Respondents No.2, 3 and 4 to permit and allow the petitioner and other lady members of the family to stay and reside at their houses at Village Bhimdad, Taluka Gadhda and to allow to do all agricultural work and look after and maintain livestocks and live their lives without any torture and illegal actions taken by respondents No.2, 3, and 4 or any other police personnel. The petitioner has also prayed to award appropriate compensation to the petitioner and her family members for illegal action and for alleged violation of fundamental rights and human rights of the petitioner and family members. Heard Mr.Shukla, learned Counsel for the petitioner and Mr.Kogje, learned APP for the State and State Officers.

(3.) It has been submitted on behalf of the petitioner that in connection with the complaint filed against the male members of the family of the petitioner vide C.R. No.I-79/2005 under Section 302 of IPC and others, the police officers namely; Respondents No.2, 3, and 4 have harassed the petitioner and it has also been submitted that the other female family members were detained and the petitioner had to prefer Special Criminal Application No.772/2005 with this Court and in the meantime, the persons were set free by the Police and, therefore, the petitioner withdrew the proceedings of Special Criminal Application No.772/2005 on 17.6.2005 with a view to take appropriate action against the concerned person for claiming compensation etc. Mr.Shukla, learned Counsel for the petitioner submitted that the present petition is filed with a view to see that appropriate inquiry is ordered by this Court regarding illegal actions taken by the police personnel and also for the purpose to see that the petitioner and her family members can conveniently stay at their houses and can look after their agriculture and livestock. He also submitted during the course of the hearing that the investigation or the inquiry in connection with the aforesaid misdeed by the police personnel may be ordered to be conducted by some Judicial Officer or in alternative, by any other agency of the State and, therefore, he submitted that appropriate directions may be issued by this Court.