BIBHURANJAN DALAI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioners, who are villagers of village Duadia and the members of Bajarangbali Gramya Paribes and Banasurakhya Samiti, by way of public interest litigation filed this writ petition challenging the action/inaction of the opposite parties, particularly opposite party no.5- Inspector in-charge of Kujanga Police Station, who has not properly investigated into Kujanga P.S. U.D. Case No. 10/2020 dated 01.07.2020, as a result of which the death of the lovers, namely, Tushar Palai (19 years), son of Adikanda Palai and Bebina Das (27 years), daughter of Pandaba Das of village Duadia has been shown as suicidal hanging instead of an "Honour Killing" based on a pre-planned and brutal murder executed by the blood relations in connivance with the law enforcing agencies, as would be available from the circumstantial evidences, nature of injuries sustained, the materials used for the death of the lovers and the captured photographs, which is clear violation of Articles 14, 15(1) and (3), 19 and 21 of the Constitution of India, and therefore seek for a direction to opposite party no.4- Superintendent of Police, Jagatsinghpur to handover the case to a competent officer of the impartial agencies like CBI or Crime Branch of Odisha Police to investigate into the allegations made by the petitioners and to take action against the erring officials involved during the investigation of the case in accordance with law.

(2.) The factual matrix of the case, in hand, is that the petitioners are the president, 3retary and members of Bajarangbali Gramya Paribes and Banasurakhya Samiti, Duadia having registration no. 1994/52/2013-14 and also residents of the said village. On 01.07.2020 (Wednesday), the present petitioners and other villagers of village Duadia found two lovers, namely, Tushar Palai (19 years), son of Adikanda Palai and Bebina Das (27 years), daughter of Pandaba Das of village Duadia dead in a hanging condition on the branches of Dimiri tree and the said incident was intimated to IIC, Kujanga Police Station immediately. The elder brother of the deceased Bebina Das, namely, Ranjan Kumar Das, son of Pandaba Das had lodged an information before the IIC, Kujanga Police Station alleging therein that on 30.06.2020 his younger sister Bebina Das was missing and that on 01.07.2020 he and his family members searched her and found her hanging in a Dimiri tree, along with one Tushar Palai (20 years), S/o- Adikanda Palai of his village, in the backside of Basudev Primary School, and both had died. Having received information, the IIC, Kujanga Police Station registered Kujanga P.S.U.D. Case No. 10/2020 on 01.07.2020 at about 08.15 p.m. and directed A.S.I. D.K. Sahoo to take up enquiry into the U.D. Case.

(3.) Mr. B. Satpathy, learned counsel for the petitioners states that the death of both the lovers comes within the domain of "honour killing", which means and includes killing of a relative, especially a girl or woman, who is perceived to have brought dishonor on the family. It is a killing of a person on the name of honour and such a killing is done to save the prestige of a family or done in order to make it an example for others or done out of rage and anger, reason can be many. It is a pre-planned, brutally executed more often than not within blood relations and that too in connivance with the law enforcing agencies. Therefore, the defence should not be made ordinarily available and are not ordinarily justified in the eyes of law. Honour killing in India occurs because of certain age old practices like casteism, religions, traditions, cultures etc., thereby, it violates articles 14, 15(1) and (3), 19 and 21 of the Constitution of India. It is mainly directed towards woman and thus gives rise to gender inequality. Thereby, the petitioners seek an independent investigation by handing over the case to a competent officer of impartial agency like CBI or Crime Branch of Orissa Police to find out the truth behind such death and to take action against the erring officers involved during investigation of the case in accordance with law. To substantiate his case, he has relied upon the judgments of the apex Court in Lata singh v. State of U.P. , 2006 AIR(SC) 2522; Jyoti @ Jannat v. State of U.P.,2006 5 SCC 457; Krishna Master v. State of U.P. , 2010 AIR(SC) 3071, Bhagaban Das v. State of NCT of Delhi , 2011 6 SCC 396; and Arumugam Servai v. State of Tamilnadu , 2011 6 SCC 405.