BACHIBEN NARANBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has its genesis in the letter dated 23.7.1997 addressed to the Hon'ble the Chief Justice by the petitioner stating that the petitioner was a widow whose sons had left the house under an apprehension of beating by police pursuant to a complaint and the local police sub inspector had visited her house in search of her sons on 30.7.1997 (sic). At that time, at around 02.00 a.m., police had taken away her younger daughter and, at around 04.00 a.m., she herself was taken to the police station to take her daughter back. When she asked her daughter about what had happened to her, she was told by her daughter that she was no longer fit to show her face to any one, that the officers had raped her and, after saying that, the daughter, aged 13, had poured kerosene and burnt herself. On that brief complaint, she urged that the dead body of her daughter may be disinterred and, after performing post mortem by a team of doctors, culprits may be punished.

(2.) According to averments made on oath in the petition, the petitioner is a widow aged 75 years and respondents No.2 and 3 were powerful and influential police officers of Savarkundla police station in Bhavnagar district. Her two sons were accused in a criminal case registered against them at Savarkundla police station and, out of them, one Santosh had surrendered and was taken in judicial custody while the other son Nitin was shown as absconding, though he had applied for anticipatory bail. Police sub-inspector Mr.Dubey, (who was joined as respondent No.2 and whose name is deleted on 9.11.2000 on account of his death) had approached the petitioner at her residence and threatened her of dire consequence if she did not produce her second son at the police station. That ritual was performed for two days. Thereafter, Mr.Dubey along with police sub inspector Mr.Kyada, who is respondent No.3 herein, and four other policemen had come to her house in a police jeep at 01.00 a.m. in a drunken condition in the early hours of 30.6.1997 and questioned the petitioner under threats. Then, Mr.Dubey ordered the police constables to pick up her daughter, namely, Nayanaben. Thereafter, the girl was brought near Mahakali Chowk where she was dragged out of the jeep and beaten with sticks and, when people in the neighbourhood came out upon hearing her wails, the police officials threatened them to go away and took the girl towards the town police station. At around 04.30 a.m., a police jeep with 4 to 5 police constables came to the residence of the petitioner and asked her to accompany them to the police station to see the consequences for her daughter. On reaching the police station, she found the girl lying unconscious on the floor of the office of the police station. Police Inspector Mr.Dubey and police sub-inspector Mr.Kyada asked her to take away the girl under threats. Police Inspector Mr.Dubey told her that he was a dacoit and would not hesitate to shoot them down if the happenings were disclosed to anyone, according to the averments. The petitioner has further stated that she was petrified, but managed to lift her semi-conscious daughter by hand and slowly tried to move out of the police station where again they were stopped and the girl was asked to lean against the wall and four police constables, under orders of Mr.Dubey, started to beat the girl on her back with clasped hands giving full blooded blows. The petitioner was butted off by sticks and kicked away by Mr.Dubey when she tried to intervene. Then, the petitioner and the deceased girl were forced to give thumb impressions on blank papers and on some booklets. Thereafter, the respondents concerned instructed their subordinates to call for a rikshaw and left the police station. Upon reaching her home at 05.30 a.m., the petitioner made her daughter lie on a cot where she collapsed and, a minute later, she was uncontrollably sobbing. The deceased told the petitioner that: "When she was taken to the police station, P.I.Dubey saheb and Kyada saheb and Sharadbhai who was already present at the police station had rounded her up. Then P.I. Dubey saheb was the first one who raped her and following him two other police constables raped her; Mr.Kyada started fondling and playing hands on her naked body and that Sharadbhai told her that she should not show her face to anyone as she is not worth it now". P.I.Dubey also insighted her by saying: "Now go and commit suicide, you have no face to show". After making the above statement, the girl is stated to have had chest pain and, while the petitioner went out to fetch milk for the girl, it appeared that Sharadbhai, his brother Bharatbhai, and Ibubhai came over to the house of the petitioner and they were walking out of the house when the petitioner returned. Soon thereafter, the petitioner went to boil milk in the kitchen and heard screams of the girl from bathroom and found her clothes on fire. The petitioner called for help and then her nephew and her daughter-in-law, who were residing nearby, came running and tried to put off the fire by throwing a blanket. The burn injuries were serious, but the girl was quite alive and conscious. When asked about the reason for immolating herself, she replied that: "P.I. Dubey and Mr.Kyada had threatened her that if you did not commit suicide by self-immolation and if the same incident is not reported in the papers by next day's newspapers, P.I. Dubey would kill her and her whole family".

(3.) On the basis of the above averments on broad facts of the case, the petitioner has contended in the petition that there has been a gross abuse and misuse of official powers conferred upon respondents No.2 and 3, that witnesses were ready and willing to give statements before independent investigating agency, that the petitioner could not reach the court on account of being continuously shadowed by police officials and that the directions of the Apex Court issued in the case of B.K.BASU v. STATE OF WEST BENGAL and the fundamental rights of the deceased were violated in the facts of the case.