LAWS(BOM)-2012-4-140

REKHA JANARDAN KALE Vs. STATE OF MAHARASHTRA

Decided On April 02, 2012
Rekha Janardan Kale Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) As per the earlier orders, we have taken up the writ petition for final hearing. This petition could not be taken up by the regular Bench taking up writ petitions, and therefore, as per the general order passed by the Hon'ble the Chief Justice, this petition has been assigned to this Bench. This is a petition raises soul searching questions, whether the police are custodians or protectors of law and liberty or whether they are the law unto themselves. This is another case where gross and flagrant violation of fundamental rights under Article 21 of the Constitution of India has been brought to the notice of this Court.

(2.) Before going into the sad and tragic scenario which emerges before us, it will be necessary to look into the factual controversy involved in this petition.

(3.) The controversy relates to the custodial death of one Janardan Kale, a resident of Mahi Jalgaon, Taluka - Karjat, District Ahmednagar. The present petitioner is the widow of said Janardan. In the petition, it is pointed out that Janardan is survived by the petitioner and four minor daughters, whose ages as set out in the petition are 9, 8, 6 and 5 respectively. The Respondent No. 2 is the senior Inspector of Police who was at the relevant time attached to Baramati police station in District Pune. He is made party in his official capacity as the Respondent No. 3. The Respondent Nos.4, 5 and 6 are the Dy. Superintendent of Police, Baramati, Pune Rural, Pune, the Superintendent of Police, Pune Rural, Pune and the Dy. S.P. (C.I.D.),State of Maharashtra, Pune respectively. The Respondent No. 7 Balasahib Thorat was at the relevant time Assistant Inspector of Police attached to Baramati Police Station. The Respondent No. 8 to 12 are the police constables who were attached to the said police station at the relevant time.