PRABATABAI SAKHARAM TARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has approached this Court seeking compensation from the respondents and officials in the police department by invoking its extraordinary jurisdiction under Articles 226 and 227 of the constitution of India to issue appropriate writ, order or direction for conducting an inquiry against the erring Police Officers and specifically against respondent no. 4-Shri A. B. Chavan, Police Officer, Arjuni (Mor) and Shri Suryavanshi, police Officer Chichgarh, Tq. Deori and others, including the State for her wrongful detention in police custody, false implication in serious offences, custodial torture and for violation of her fundamental and human rights including the protection for which the petitioner was entitled to under the Juvenile Justice act, 1986, Juvenile Justice (Care and Protection of Children) Act, 2000 and the scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioner further claims compensation for violation of her fundamental and human rights in the sum of Rs. 10,00,000/- with costs.

(2.) It is the case of the petitioner that she is tribal belonging to caste Gond and resident of Arjuni (Mor) in Gondia District and that they come from a very poor family. According to the petitioner, she was born on 15-4-1977 and was a minor and also juvenile at the time she was arrested, wrongfully detained and tortured in police custody and thereafter falsely implicated in three cases on serious charges including the TADA (P) Act, 1987.

(3.) The case of the petitioner is that some time in the year 1990 while petitioner was studying in 5th standard and was hardly 13 years of age, P. S. O. A. B. Chavan (since deceased) , who was at the relevant time attached to Police station Arjuni (Mor) visited the petitioner's house at 12 O'clock at mid-night along with other police constables and brutally assaulted the petitioner and her mother and took away the petitioner to the Police Station without there being any lady constable. At the Police Station, the petitioner was severely beaten thereafter she was dumped in a Police van and taken to the dense forest of Keshori at 1 a. m. and hanged to a tree by tying her both hands upwards and then was beaten by belt till the petitioner lost her consciousness. The petitioner regained consciousness and found that she was in hospital from where she was again taken to the Police station and illegally detained during which period she was tortured by police officers, who used to beat her with their boots and she was forced to take whatever meal supplied to her by spreading it on the floor and when she resisted such inhuman treatment, she had to bear beatings by kicks and other means for which the petitioner primarily holds P. S. O.-A. B. Chavan responsible along with other police officials. It is the case of the petitioner that though there were lady constables but they were helpless and could not do anything except for sympathizing with her. It is the case of the petitioner that the police merely on the basis of suspicion that the petitioner was working with Naxalites have wrongfully detained her and tortured her in police custody in order to extort information about the Naxalites.