LIOK ADHIKAR SANGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This public interest petition is filed by Lok Adhikar Sangh claiming to be a human rights organisation committed to the defence and protection of civil liberties and democratic rights of the people and particularly of the poor and the down-trodden in the State of Gujarat. The petition is filed on behalf of Nitaben Goswami, Sarpanch of village Dadva in Bhavnagar District, and her husband Dineshpuri who are alleged to have been subjected to brutal and ruthless torture by anti-social elements sometimes in collusion with the police officers and sometimes with the connivance of police officers. The grievance in the present petition centres round the arrest of Nitaben during night hours and allegations of handcuffing and parading of Nitaben and her husband in the village by police officers of Bhavnagar District. The Alleged Incident and the Background

(2.) The facts leading to filing of the present petition, as averred on behalf of Nitaben and her husband, are as under :-

(3.) On the basis of the above averments, it is submitted in the petition that there was gross violation of the fundamental rights of Nitaben and her husband Dineshpuri, at the hands of the police personnel of the State, especially their fundamental rights under Art.14, 19 and 21 of the Constitution. Relying on the decisions of the Hon'ble Supreme Court in a number of cases, they have submitted that there were not only violation of human rights but also flouting of the directions given by the Apex Court regarding arrest, handcuffing etc. amounting to contempt of Court, apart from commission of crimes under the Indian Penal Code and gross misconduct. The petitioner, therefore, has prayed that the respondent Government be directed to take action against the police officers by initiating appropriate criminal proceedings, departmental proceedings and a high level judicial officer be appointed to investigate into the complaint of the victims. The petitioner also prayed for a direction to the State Government to pay compensation to Nitaben and her husband for the gross and fragrant violation of their fundamental rights under Art.14, 19 and 21 of the Constitution. Orders of this Court and inquiry before the Sessions Judge and Law Officer of this Court