KOMMINENI SANJEEVA RAO Vs. S I OF POLICE

JUDGEMENT

(1.) Instant proceeding has been taken up on a telegram to this Court by the petitioner, who has alleged that his wife - Mry Moa met a violent death while in judicial custody. Treating the telegram as a petition under Article 226 of the Constitution of India, the Court directed for enquiry by the C.B.C.I.D. and pursuant to the directions of the Court, the Additional Director General of Police, C.I.D., Andhra Pradesh got the enquiry conducted by Shri M. Lakshminarayana, IPS., Inspector General of Police, C.I.D., Hyderabad, who has reported, inter alia, as follows :

(2.) The Inspector General requested to accord permission to entrust further investigation in the case to Shri P. J. S. Purushotham, Zonal Inspector, C.I.D., Vijayawada and to submit report under Section 173(2) of Criminal Procedure Code, 1973 before the proper Court for the alleged offences against the persons, who according to the investigation, are responsible for the same. After hearing learned counsel for the petitioner and learned Additional Advocate General, the Court accepted the above request and directed for further investigation and the submission of the report as above before the proper Court for the prosecution of the culprits, who according to the above report, are responsible for assaulting Mry Moa, foisting a false case upon her, detaining her illegally and suppressing the evidence by shifting the scene of offence and showing the false seizure of I.D. arrack from her and her cousin - K. Nireekshana Rao. The Court also directed for issuance of notices to the State of Andhra Pradesh, Department of Excise, represented by the Secretary, Excise and Prohibition; Shri Shaik Rahim Bag, Circle Inspector of Police, Excise and Prohibition, Avanigadda, Krishna District and Excise Station, Avanigadda to show cause why adequate compensation be not awarded to the heirs and legal representatives of the deceased Mry Moa. The above notices have been served and the matter was finally heard. Learned Additional Advocate General has informed the Court, in response to its directions, that except her husband - K. Sanjeeva Rao, Mry Moa has left no other heir or legal representative. If at all thus any compensation is required to be paid, that has to go to K. Sanjeeva Rao and none else.

(3.) The report submitted by the Inspector General of Police has revealed that all the Excise staff and Excise Police Station, Aganigadda indulged in illegal act of - (1) arresting Mry Moa for absolutely no offence by her; (2) by assaulting her indiscriminately; (3) by keeping her in illegal detention; and (4) by foisting a false case against her and suppressing the evidence of truth to screen themselves from the offences committed by them. All attempts to make men in uniform to respect law and to act within the bounds of law, to honour human rights of the common man and woman appeared to have gone overhead of persons who, in the name of discharge of their duty, have chosen to violate the laws, assaulted the person and liberty of Mry Moa. The case in hand is a glaring example of what is literally come to be recognised as police attrocities and resented all over the world. If India today with all its commitments to the protection of human rights is not able to stand by the international standards, it is because people like the Excise Circle Inspector and his men at Excise Police Station, Avanigadda did not care to follow the rules of law and instead of following the rule of law, committed such acts which are illegal as well as inhuman. Report of the Inspector General of Police is enough for a prima facie view that serious offences have been committed by the Excise Circle Inspector and his men and Mry Moa's right of life and personal liberty have been violated by them as they have chosen to act outside of the law and without following the procedure established by law. Men in uniform are not immune of fundamental duties under Part IV-A of the Constitution of India, which in Article 51-A provides that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women. Nireekshana Rao who suffered the indignity of assault and illegal detention at the hands of the Excise Police men belongs to the community of Scheduled Caste and by foisting a case against him as well as his cousin Mry Moa, besides the assault upon her in violation of her right under Article 21 of the Constitution of India, Excise Police committed offence punishable under Section 3(VIII) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989. It is indeed awfully disturbing for any person, believing in the rule of law, that men at Excise Police Station, Avanigadda, who are deputed to enforce the law, are themselves violators of law and it shall embarrass any Government to have such persons manning a police station. After giving our anxious consideration to all relevant facts, we are satisfied that it is a fit case for a direction to the State Government to take suitable measures, including departmental proceedings, on the basis of the report of the Inspector General of Police, C.I.D. afore-mentioned against the Circle Inspector and other personnel attached to the Avanigadda Excise Police Station and forthwith withdraw them from the police station to deal with them suitably putting them off duty pending enquiry. The Circle Inspector has appeared and denied the allegations. Since we are not pronouncing him and other personnel attached to the said police station guilty and they shall have opportunity, in the event of a regular criminal trial and or a departmental enquiry, to defend themselves, we find no reason to hold otherwise than directing as above.