LOK ADHIKAR SANGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) his is a Public Interest Litigation filed at the instance of Lok Adhikar Sangh, a human rights organisation claims to be committed to the defence and protection of civil liberties and democratic rights of the people, and particularly of the poor and down- trodden in the State of Gujarat. The petition has been filed on behalf of Smt. Ushaben Satishbhai Punjani, whose husband Satishbhai Punjani alleged to have been brutally beaten by respondent No. 2 Jitendra Rajgor, District Superintendent of Police, Jamnagar, as a result of which the said Satishbhai Punjani died.

(2.) The say of the petitioner is that on 8-1-1992, the police picked up the deceased Satishbhai along with two others, namely, Bakul and Narsinh and took them to the police station for interrogation. At the police station, at about 9 p.m., respondent No. 2 came and he called all the three in his chamber. It is alleged that during interrogation, said Shri Rajgor gave them beating with big stick. First Bakul was severely beaten and then Narsinh was given 30 to 40 blows. Lastly, Satishbhai Punjani was beaten severely causing injuries on various parts of the body. He also gave some blows on his chest and stomach. Thereafter, the D.S.P. left the police station. After some time Police Inspector Kanaksinh Sodha arrived there. He allowed all the three to go home, but asked them to report back on the next day at 4-00 p.m. Satishbhai Punjani (for short, 'Satish') went home, but his condition became critical and thus one Dr. Suresh Mehta was called to examine him. Dr. Suresh Mehta advised the family members of Satishbhai to take him to hospital immediately. It is said that on way to the hospital, Satish died. Autopsy was conducted at Irwin hospital on 9- 1-1992. According to the post-mortem report, Satish died due to Cardiac Arrest on account of coronary insufficiency as a result of coronary blockage.

(3.) The relatives of deceased Satish and the people of Jamnagar suspected that the cause of death of Satish was severe beating by the D.S.P. Jitendra Rajgor. This led to the citizens' protest in Jamnagar and several representations to various authorities in the State. As a result thereof, Jitendra Rajgor was immediately transferred. On 19-1-1992, the Chief Minister gave assurance for a full and independent enquiry. Accordingly, a Medical Board consisting of Dr. Thakorebhai Patel of Civil Hospital, Dr. Sunil Dalal of V. S. Hospital, Dr. V. H. Yagnik of Irwin Group of hospitals was constituted to enquire into the circumstances leading to the death of Satish. The Government also issued order dated 22-9-1992 directing payment of Rs. 25,000.00 to the widow of deceased Satish from the relief fund of the Chief Minister.