VIKRAM BAHADUR SINGH Vs. DISTRICT MAGISTRATE, JABALPUR

JUDGEMENT

(1.) THE petitioners has filed this petition under Art.226 of the Constitution of India, praying for issuance of a writ of 'Habeas Corpus 'or any other appropriate writ or direction against the respondents. The petitioners Nos.1 and 2 are the Social Workers, who originally filed this petition as Public Interest Litigation because one Wahid alias Ismail died in the custody of Police Station Omti, Jabalpur in the evening of 21 -9 -1989. The petitioners Nos. 3 and 4, who are close relations of the deceased, joined this petition as petitioners subsequently by orders of this Court dated 5 -10 -89 passed on IA No. 9330 of 1989.

(2.) ON consideration of the I.A. No. 9113/89, an ad Interim writ was issued by this Court on 23 -9 -89 as a result of which the dead body of the deceased Wahid was disinterred (exhumed) in accordance with section 176(3) of the Code of Criminal Procedure and was sent to Forensic Science Laboratory, Bhopal for the purpose of second post - mortem examination by Dr. Heeresh Chandra and Dr. Satpathi as prayed for by the petitioners. By the same order, the Commissioner, Jabulpur Division, Jabalpur was directed to seize immediately the Sanha report of 21 -9 -89 and other documents concerning the arrest and detention of the deceased Wahid alias Ismail. The directions issued in the ad interim writ were complied with and the record, postmortem report and the documents seized have been produced before his Court.

(3.) THE petitioners contend in the petition that the deceased, according to the press report published in local Hindi daily (Desh Bandu) was arrested by the Omti Police in the night of 20 -9 -89 under section 109 Cr. PC and was locked up in the Police Station Lock -Up and subsequently produced before the City Magistrate, the respondent No.2, who instead of releasing him on bail or sending him to judicial custody, directed the production of the deceased, next day, due to which Wahid was again locked up in the Police Station. They further contended that the deceased Wahid alias Ismail died in the Police lock -up as a result of police brutality. The petitioners further contend on the strength of the report published in 'Dainik Bhaskar' dated 22 -9 -89 that the respondents have acted irresponsibly and against the provisions of law. Inter alia they also contend that due to omissions and commissions of the respondents, the fundamental rights of the deceased, who was a citizen of this country, guaranteed under Arts.14, 19, 21 and 22 of the Constitution of India have been contravened. The petitioners, therefore, prayed that this Court should also direct the State respondent to take appropriate action against the guilty, responsible, for this lock -up death, start criminal prosecution and prosecute the guilty in a Court of law. The petitioner in the end, prayed for award of adequate compensation to the petitioners Nos. 3 and 4 for the death of Wahid alias Ismail in Police lock -up.