SIMKARI HUIKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed by the widow of deceased Katru Huika for a direction for impartial investigation by a specially constituted investigating team or other investigating agency in order to unearth the facts in connection with the death of her husband; and for a further direction to opposite parties to pay adequate compensation to the petitioner, who lost her husband due to arbitrary action of the Police.

(2.) Case of the petitioner in a nutshell is that on 13 th April, 2009 at about 5.30 PM her husband late Katru Huika had gone to attend the call of nature and while returning he met one Kandru Meniaka. On theway, all of a sudden one Police jawan fired at the husband of the petitioner and he died on the spot. At the time of firing, the deceased was wearing a towel and was completely unarmed. He was killed by the Police force without any provocation from the side of the deceased. Dead body of the deceased was not handed over to the petitioner and it is not known to the petitioner whether the dead body was cremated or thrown in the jungle. The matter being published in media, it sensitized the citizens of the State including many intellectuals. On the next day of the incident, one Fact Finding Committee was formed under the Chairmanship of Sri Nihar Ranjan Patnaik, the President of Koraput Bar Association and members consisting of Senior Journalist Mr.K.Sudhakar Patnaik, an Advocate-cum-Social activist, Mr.Bibeka Ranjan Sethi, Social Activist, Sri Manoranjan Routray to ascertain truth and to find out facts. The report of the said Fact Finding Committee was published and given to different authorities including the opposite parties.

(3.) Mr. P.K.Jena, learned counsel appearing on behalf of the petitioner submits that even though the matter relating to brutal killing of the husband of the petitioner was widely circulated in the media, no authorities including opposite parties enquired into the matter and followed the guidelines issued by National Human Rights Commission. The brutal killing of unarmed tribal people by Police Officer and not handing over the dead body to the petitioner is a serious concern amounting to violation of human rights as well as fundamental right guaranteed under Article 21 of the Constitution of India. The matter needs to be investigated by a specially constituted investigating team 2independent of the local Police. The free, fair and credible investigation should be initiated for ascertaining the truth and restraining the Police personnel from committing merciless and brutal killing. The petitioner being an illiterate, poor tribal widow, who has lost her husband without any fault on his part, is entitled to be adequately compensated for the damage and irreparable loss caused to her. Despite petitioner s cause was agitated by the different social activists and media persons, no action was taken by the opposite parties either for an impartial independent enquiry into the matter or for grant of adequate compensation.