BHUSAN GUHA NEOGI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a public interest litigation whereby the petitioner has sought a direction against respondent No.6 to make an inquiry though respondent No.5, the Superintendent of Police. District 24-parganas (North) regarding delay committed by the respondent No. 4 in completing investigation and to start a case before appropriate Court and punish the guilty.

(2.) The brief facts which are necessary for disposal of this case are that the petitioner is the local guardian of one Sri Arunava Guha Neogi who died while a student of TTBT Stat (Hons.) in the Indian Statistical Institute. The Institute was founded by Professor Prasanta Chandra Mahalanbais which is now considered one of the foremost centres in the world for training and research in statistics and related fields. It is alleged that the petitioner No. 2s son Arunava Guha Neogi died reportedly by drowning in the afternoon of 24th April, 2060 in a pond in front of a hostel of the Institute. On receiving this information petitioners faimiles were disturbed and they rushed to the place. The body of the deceased was taken to R.G. Kar Hospital and the dead body was handed over to the petitioner after conducting post mortem and thereafter the body was cremated. FIR was lodged at Baranagar Police Station on 3rd May, 2000 apprehending the unnatural death of petitioner No. 2Ts son. It is alleged that the respondent No.4 was annoyed with the petitioner No.2 and behaved rudely with him as he did not want a criminal investigation to continue against the offenders on the basis of the complaint, which was ultimately lodged on 3rd May, 2000. The petitioner apprehended some foul play in. the matter for some ulterior purpose. However, subsequently on the basis of the said FIR a case was registered under Sections 302/120B, I.P.C. on 16th May, 2000. The petitioners from time to time made inquiries to the Police Authorities but without any result. Meanwhile, the post-mortem report was supplied to the petitioners. However the Viscera Report was not received. Therefore, the copy could not be given to him. Grievances of the petitioners are that the Investigating Agency did not investigate the matter in a proper way, that the hostel of the Institute is not properly run so much so that the Hostel Superintendent is not there and number of grievances with regard to the maintenance of that Institution was also challenged. A notice was given to the respondents and respondent Nos. 2 and 3 filed an affidavit through their Dean of the Institute and they denied the allegations. It was stated that the said deceased Neogi was swimming in the pond in front of the hostel of the Institute on 24th April. 2000. It is also submitted that the authorities kept silence over the incident and did not disclose the names of persons who accompanied the deceased while swimming in the pond and all other allegations of poor maintenance of the hostel were also denied it is also alleged that the Dean received the information at about 3.30 p.m. on 24th April, 2000 from Boys Hostel that one of the students entered the pond for swimming and possibly drowned and he immediately informed the Chief Administrative Officer about this and he rushed to the Hostel Campus. Meanwhile number of persons arrived there and some of the students tried to locate the deceased and thereafter the matter was informed to the Baranagar Police Station. Fire Station was also requested to help in rescuing the deceased but Fire Station could not help because they had no divers. However, the search were continued with the help of police personnel who arrived there and contacted the Calcutta Port Trust for divers. However one Professor Partha Pratim Mazumdar, the Director informed the family of the deceased at Ranchi on telephone and relatives of the deceased at Ranchi on telephone and relatives of the deceased was also informed at 5.30 p.m. Meanwhile fishermen of the locality was able to rescue the deceased at about 6.45 p.m. and sent to R.O Kar Medical College and Hospital and the deceased was declared dead at the hospital. It is alleged that the Baranagar Police Station Officer- in-charge was present at the site of the accident and he contacted the students who were present around that stone and police made investigation from the students. Eight students were present at the scene. Enquiries were made from them also and from the inquiry it appears that the deceased along with the other students had come back to the hostel after their examination, they had their lunch along with the deceased and they decided to take a swim. Some of them knew swimming well, but some others including the deceased was reportedly did not know swimming well. It is alleged that the deceased swam about one third of the length of the pond and turned back to return to the shore but lost his breath and some of the students saw him gasping for breath and they raised alarm for help but they became unsuccessful in bringing him to the shore. The allegations that the Respondent No.4 behaved rudely with the petitioner No.2 was denied. It is also pointed out that the Director of the institute is regularly maintaining the hostel and proper care is also taken of the students. It is also pointed out that notice had already hung on the Board forbidding bathing and swimming and washing in the pond.

(3.) We have seen the post-mortem report as well as viscera report. After the post-mortem and viscera report Professor R. Basu, Head of the Department of Forensic Science and State Medicine, NRS Medical College, Calcutta opined that his earlier opinion that death is due to drowning and ante-mortem in nature is confirmed. We have also perused the report which has been placed on record. It cannot be said that the authorities have not acted in the manner, they ought to have acted. So far as the maintenance of the hostel and proper care is concerned, after going through the reply filed by the Dean we are satisfied that it cannot be said that the Authorities are callous or negligent in maintaining the hostel. However since the hostel is being managed without Hostal Superintendent the authorities should take care to see that a proper Hostel, Superintendent is appointed and proper discipline is maintained so that the students may not be exposed to this kind of danger of going to pond and swimming in it which may prove hazardous to their life. In fact if proper hostel discipline is maintained then perhaps the boys could have been prevented from going to swimming in this pond. It is unfortunate that the boy had died on account of drowning. Let a Hostel Superintendent be appointed and proper discipline be maintained. However, by no stretch of imagination it can be said that the authorities have in any manner contributed to this misfortune.