CHANDRAVATI JAMBUVANT TARI Vs. STATE OF GOA

JUDGEMENT

(1.) A letter dated 1st February, 1993, from one Smt. Chandravati Jambuvant Tari from Divar seeking for a probe into the alleged murder of her son Mahendra Tari in police custody at Ponda Police lock-up addressed to Kamat, J. , was directed to be treated as a writ petition. When the matter was placed before this Division Bench after its registration upon hearing the applicant rule was made and by order dated 2nd March, 1993, the respondents were directed to produce in Court all the investigation papers of the case in which the deceased son of the applicant was arrested and they were also instructed to produce inquiry papers of the custodial death. By a subsequent order dated 7th April, 1993, the applicant was granted legal aid and Mr. M. Sonak was appointed to render the required assistance. Accordingly a fresh petition was prepared and filed by Mr. Soank in a proper form which was presented in the Court and taken on record on 7th July, 1993.

(2.) IT is the case of the petitioner that her son Mahendra Tari aged 24 years was employed as an Accountant in Goa Telematics Ltd. , having office at Kundaim Industrial Estate, Ponda. However, it was alleged that during the period between 1st December, 1992 and 28th December, 1992, the said Mahendra was involved in commission of offences punishable under sections 380, 420 and 468 of the Indian Penal Code. The charge was that Mahendra had pilfered certain blank cheques belonging to his employer and by committing forgery had withdrawn an amount of Rs. 25,000/ -. The statements which are recorded after the death of Mahendra in police custody show that certain officers of Goa Telematics, including Shri N. H. Subhnani, had questioned Mahendra about these figures on 28th December, 1992. Mahendra denied his guilt and had even offered co-operation for carrying out the investigation. He had been in the office until 7 p. m. on 28th December, 1992. On 29th December, 1992 Mahendra reported to the office at the usual time. He was in the office until 2 p. m. Mahendra left the office at 2 p. m. after seeking permission from his superiors. On 29th December, 1992 three persons including one Shri Mahadevan contacted the petitioners eldest son Rajendra Tari at Panaji. The said three persons were employees of Goa Telematics where Mahendra was serving as Accountant. The said three persons informed Rajendra that a fraud/misappropriation had been discovered at the office, wherein some persons had stolen six blank cheques from the office of M/s. Goa Telematics, forged signatures thereon and encashed an amount of Rs. 1. 25 lakhs. The said persons further informed Rajendra that Dr. Subhnani, the Chief Executive Officer of the Company, was suspecting involvement of some persons including the deceased Mahendra. The aforesaid persons also informed Rajendra that Subhnani had viewed the matter very seriously and that the consequences of Mahendra not confessing true facts would be extremely serious. They therefore, asked Rajendra to convince Mahendra to disclose the true facts to Subhnani by 7. 30 p. m. on the same day failing which Subhnani had threatened to go to the police. It was further the case of the petitioner that Rajendra although became disturbed however assured the aforesaid persons that he would speak to Mahendra and upon being acquainted with his version would advise him accordingly. Rajendra also assured them that he would himself bring his brother Mahendra to the office on the next day in order to sort out the matters. The petitioner stated that soon after Mahendra came home at about 6. 30 to 7. 30 p. m. Rajendra then spoke of him in front of the other family members about what was narrated to him by the aforesaid persons from the office. However, Mahendra assured the petitioner and the other persons that he was completely innocent and in no way involved with the alleged misappropriation of funds. However, he agreed that Rajendra should go to his office at Kundaim for sorting out the matters. It was further averred in the petition that from the statements and other documents furnished by the respondents it appears that Dr. Subhnani contacted the Superintendent of Police, North Division, in order to lodge a complaint against Mahendra on the evening of 29th December, 1992. In the office of the Superintendent of Police, North Division, Dr. Subhnani and others appear to have been informed that P. I. Allan DSa was on his way from Ponda to the Police Headquarters at Panaji in connection with some other matter. As such the Superintendent of Police assured Dr. Subhnani that the case would be handed over to P. I. Allan Dsa upon his arrival. Soon after P. I. Allan Dsa reached the office of the Superintendent of Police, North Division, at about 8. 45 p. m. , there were deliberations and discussions between the persons present and decision was taken to immediately raid the house of the petitioner. The petitioner states that it is now sought with to be made out that two employees of M/s. Goa Telematics were sent over to Ponda Police Station with the complaint of Dr. Subhnani for the purpose of registration of the same. The records have also been manipulated to show that the complaint was in fact recorded at about 10. 15 p. m. on 29th December, 1992. However, the raid on the petitioners house and the arrest of Mahendra were effected between 9. 30 and 10. 30 p. m. , i. e. , prior to the registration of the complaint. The arrest was effected by P. I. Allan Dsa and accompanying him was the A. S. I. Hari Redkar. Dr. Subhnani was also present at the time of the arrest. The police officers did not search the house of the petitioner but they created a violent atmosphere in order to scare Mahendra and the rest of the family members. The petitioners pleadings that Mahendra would be brought to the Police Station on the next day by his brother Rajendra were not acceded. Dr. Subhnani insisted that the arrest should be affected there and then and P. I. Allan DSa obliged him. The petitioners house is situated at Divar and from there Mahendra is alleged to have been taken to Ribandar Police Station where he was questioned by P. I. Allan DSa in the presence of Dr. Subhnani. The petitioner has serious apprehensions that during the questioning P. I. Allan DSa as assaulted and threatened Mahendra with dire consequences in the event he failed to hand over Rs. 25,000/- allegedly withdrawn by him. According to the statements Mahendra was moved to the Police Station at about 1. 30 p. m. It is very much likely that P. I. Allan Dsa has tortured, assaulted and terrorised Mahendra prior to handing him over at the Ponda Police Station. The case of the respondent is that Mahendra was put in the police lock-up at 1. 40 a. m. on 30th December, 1992 and at about 3. 40 a. m. he is alleged to have committed suicide. It appears that the Police Sentry Guard entered the police cell moments after the alleged suicide but no efforts were made to verify as to whether Mahendra was really dead. The Magistrate was informed about the Suicide at 4. 45 a. m. on 30th December, 1992 but he arrived at the police station only at 9. 30 a. m. The inquest panchanama was conducted at about 10. 30 a. m. in the absence of any of the members of the petitioners family. It was further stated that on 30th December, 1992, at 6 p. m. , Rajendra was leaving for Ponda in order to greet Mahendra who was due to celebrate his birthday on that day. In the ferry boat, at about 6. 30 a. m. , Rajendra was accosted by the police constable who required him to come to Ribandar Police Station. At Ribandar Police Station Rajendra was made to sit upto 8. 30 a. m. after being told that P. I. Allan DSa would be coming along with Mahendra shortly. At about 8. 30 a. m. Rajendra was put in a police jeep and taken to Ponda Police Station. At about 9. 30 a. m. the Magistrate told Rajendra that he would have to give a statement in the event he desired the release of his brother. It was stated that the Magistrate dictated to Rajendra a statement wherein the story was concocted to the effect that Mahendra was in a suicidal mood on the previous day and he had taken some sleeping tablets. After signing the statement the Magistrate informed Rajendra that Mahendra had committed suicide in the police custody and that he should come along with him to see the dead body. Rajendra refused to see the dead body but was pushed in the cell and forced to see the hanging body of his brother. At this Rajendra broke down and requested the police to make a call to his sister. The petitioner states that subsequently the whole attempt of the respondents is to see that the death of Mahendra is proved as suicidal and therefore they are trying hard to make out a case that Mahendra was contemplating suicide right from 28th December, 1992. The petitioner has stated that she refused to accept that Mahendra would have thought of committing suicide and also that he might have defrauded M/s. Goa Telematics withdrawing money from its bank accounts by committing forgery of cheques. It was also stated that the Magistrates inquiry discloses non-application of mind being also biased and cursory. The Magistrate has not addressed himself intentionally to relevant questions which were material for the requirement. The entries in the registers maintained by the respondents appear also to have been manipulated being therefore, suspicious. The petitioner stated that from the circumstances of the case it is evident that Mahendra was murdered by the Police Officers at the instance of Dr. Subhnani and Shri Sadashiv Pandit of Goa Telematics. The Police Officers have tortured and used third degree methods on Mahendra compelling him to commit suicide. Besides the failure to call a doctor after his alleged hanging is also highly suspicious. The Magistrate acted in a biased manner and the entire matter has been attempted to be hushed up. She therefore prayed that a C. B. I. inquiry be ordered into the incident of 29th/30th December, 1993, the petitioner be suitably compensated for the loss of life of her son and a prosecution be ordered against the guilty officials.

(3.) ON behalf of the respondents, affidavits were filed by Dy. S. P. Joe DSouza Sub-Divisional Police Officer at Panaji, Shri Allan DSa, Police Inspector attached to the Ponda Police Station, Shri N. C. Raikar, Police Sub-Inspector also attached to the Ponda Police Station and Shri Hari Redkar, Driver in the Ponda Police Station. The sum and substance of these affidavits is that the allegation that Mahendra was mercilessly beaten to death or assaulted or murdered as alleged by the petitioner is totally false. It was also denied that the Deputy Collector had forced the petitioners son to sign any statement under threats or coercion. It was contended that Mahendras death in the lock-up was a result of suicide by hanging committed by him in the toilet block of the Ponda Police Station lock-up. Mahendra has been arrested and lodged in the police lock-up at about 1. 40 a. m. on 30th December, 1992 as a result of the criminal offence registered against him. It was stated in this regard that on 29th December, 1992 one Dr. N. H. Subhnani, Chief Executive and power-of-attorney holder of M/s. Goa Telematics Ltd. , approached the Superintendent, of Police, North, in his office at Police Headquarters, Panaji and gave a type of complaint addressed to the officer-in-charge of the Ponda Police Station with a copy to him. In the complaint it was alleged that Mahendra was their employee working with them as trainee in Accounts Section of that Company at Kundaim. It was mentioned that the Company had accounts in Canara Bank, Bank Of Baroda, State Bank of India at Panaji and some other Banks of Ponda, Bombay and New Delhi. It was further alleged in the said complaint that theft, fraud, defalcation, forgery and falsification of accounts had been detected with reference to their two accounts in Canara Bank and State Bank of India, Panaji, totalling to an amount of Rs. 1. 25 lakhs and that Mahendra was suspected of having cheated the company to the tune of the above said amount. It was also disclosed that an amount of Rs. 25,000 was fraudulently withdrawn by Mahendra on 28th December, 1992 from the Canara Bank, Panaji. The complainant requested the police to investigate the matter. When the Ponda Police Station was contacted on telephone they reported that Police Inspector Allan DSa in charge of the Police Station was on his way to Panaji to see the Superintendent of Police, North, in connection with some other duties. The said Inspector came to the office of the Superintendent of Police at about 8. 30 p. m. He was informed by the Superintendent of Police about the complaint and asked to take up the case and check about the involvement of Mahendra. The Police Inspector forwarded the complaint to the Ponda Police Station through one Shri R. Sawardekar, an employee of Goa Telematics, who had accompanied Dr. Subhnani, directing Police Sub-Inspector Shri N. C. Raikar of Ponda Police Station to register the complaint and take up investigation of the same. Where upon taking the assistance of the staff of the Ribandar Police Station, Shri Allan DSa proceeded to Divar to secure the presence of the accused Mahendra. The complaint was registered as Crime No. 314/92 under sections 380, 468 and 420 of the I. P. C. in the Station Diary under entry No. 68/92 dated 29th December, 1992 of Ponda Police Station at about 10. 15 p. m. by Shri Raikar, who was entrusted to investigate the case. In the meantime, at about 9. 55 p. m. on 29th December, 1992, Police Inspector Allan DSa proceeded to the residence of the accused Mahendra in Divar to secure his presence. The said Police Inspector found Mahendra at his residence and he was brought to Ribandar Police Station at about 11 p. m. , where he was kept there for sometime to be taken thereafter to the Inquiry Officer Raikar at Ponda Police Station. P. I. Allan DSa instructed Shri Hari Redkar to take Mahendra and hand him over to the Inquiry Officer Raikar for further investigation. In the meantime, Police Inspector Allan DSa returned to his residence at Betim, Goa. P. S. I. Redkar drove him in the jeep at about 11. 30 p. m. and also drove Dr. Subhnani to his residence at Caranzalen after which he returned back to Ribandar Police Station at about 12. 30 p. m. on 29th December, 1992. Shri Allan DSa did not come to the Ponda Police Station on that night of 29th December, 1992. He was at his residence at Betim where on the next morning, at about 4. 15 p. m. he was informed about the death of Mahendra in the lock-up at Ponda Police Station. The said Hari Redkar took Mahendra from Ribandar Police Station in the jeep escorted by Police Constable No. 1777 of Ribandar Police Station and handed him over to Shri Raikar at Ponda Police Station at about 1. 30 a. m. On 30th December, 1992. As it was too late in the night of 29th December, 1992 and too early in the morning of 30th December, 1992, being odd hours, no further investigation of the accused could be done at that time. Shri Raikar then proceeded to his quarters situated in the same building of the Police Station. In the early morning of 30th December, 1992, at about 4 a. m. , Police Constable No. 592 of Ponda Police Station Shri Naru Sawant informed Sub-Inspector Raikar that Mahendra was found hanging in the toilet block of the lock-up. Raikar immediately came to the Police Station lock-up and after seeing the dead body of Mahendra hanging in the lock-up toilet block informed P. I. Allan DSa about the incident on telephone at his residence at Betim. P. I. Allan DSa then informed Dy. S. P. Joe DSouza immediately at his residence. Shri Raikar also inform the Sub-Divisional Magistrate, Ponda and requested him to come immediately to the Police Station. The Superintendent of Police, North and also the District Magistrate were also informed. Thereafter Dy. S. P. Joe DSouza with P. I. Allan DSa came to Ponda Police Station. He verified that Mahendra committed suicide by hanging with the help of his shirt in the toiler block of the lock up. By that time the Sub-Divisional Magistrate Shri Govind Dessai had also arrived at the Police Station. He conducted the inquest panchanama in the lock-up and also called a photographer to take photos of the dead body. The body of Mahendra was then sent to the Goa Medical College at Bambolim for post-mortem. Shri Dessai also conducted a magisterial inquiry and subsequently sent his report to the District Magistrate. It was stated that the death of Mahendra was as a result of suicide committed by him by hanging himself to the toilet block of Ponda Police Station. The said toilet block consists of two small compartments namely the W. C. and the washing room separated by a wall with a door to it. Any person using the toilet block cannot be seen by the sentry or any other police from outside the main iron gate of the lock-up. Mahendra hanged himself with the help of his long-sleeved shirt. It appears that he made a knot of the sleeves of his shirt to hang himself. In the lock-up including the toilet block there are metallic electrical pipe fittings. Mahendra tied the sleeves of his shirt to the said metallic pipe by inserting it in the said metallic pipe in the wash room of the block. At that particular place there is also a portion of metallic pipe projecting downwards just below the bulb holder. Mahendra inserted the sleeves and thereafter inserted his neck in the ring or knot made out of the said shirt. It seems that Mahendra took the help of hole through which a piece of pipe is protruding to climb up and in the process of hanging he might have got dashed his head against the protruding metallic pipe and the wall as a result of which he received some abrasions on his forehead and face. It was further stated that Mahendra was suspected to be involved in the cheating, theft, fraud, defalcation, forgery, falsification of accounts case lodged against him by Dr. Subhnani.