BILASINI BEHERA, WIFE OF ROHIT BEHERA, VILLAGE: RAJNAGAR, PS: ATHAGARH, DIST: CUTTACK Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) IS Writ Petition has been filed by petitioner -Bilasini Behera, wife of Rohit Behera of village Rajnagar, PS: Athagarh, Dist: Cuttack with several prayers, i.e., to enhance the amount of compensation from Rs.1,00,000/ - awarded by the Human Rights Commission to Rs.10,00,000/ -; to direct the opposite party -Government of Orissa to pay the same within two weeks; to entrust the investigation to C.B.I. to unearth the real motive of the culprits and the persons under whose spell such a heinous murder took place; to punish the officers, persons and any other agency helping, aiding to screening the offenders and to issue direction to the S.D.J.M., Athagarh not to accept the final report and to wait for investigation by C.B.I. or any agency or for a judicial probe.

(2.) PETITIONER 's case in a nutshell is that her son Bhaskar was working as a Helper and part -time driver at Paradeep. He came to the house to celebrate Raja Festival. On 14th June, 2007, at about 10 P.M. in the night, one Narendra Kumar Das, A.S.I. of Athagarh Police Station along with three constables were found shouting in filthy language against her son Bhaskar in front of their house. Hearing the shouting of the police officials, the petitioner and the entire family members bolted the door from inside. The Police party scaled over the boundary wall by help of two Gram Rakhees and entered into the premises of the petitioner and went on kicking the door of the petitioner. Finding no other alternative, the petitioner and the entire family members went out of the house and wanted to know the reasons of immediate entrance of the Police into their house by shouting in filthy language and breaking the door from outside. The Police party thereafter searched for Purusottam Behera, the younger brother of the petitioner's husband. The petitioner replied that he was not present there in the house. Despite their statement that Purusottam Behera, the younger brother of the petitioner's husband was not there in the house, the Police party went on beating another door of a room where deceased Bhaskar was sleeping. When Bhaskar opened the door, the Police party forcibly brought him outside and went on assaulting him in a brutal manner. The entire Police party individually assaulted the deceased by means of lathi, kicks and slaps. All of them went on kicking the deceased for which the deceased Bhaskar fell down on the ground with bleeding from his mouth. When his old grandfather was crying to give water to the deceased, the Police party behaved like demons and went on assaulting denying water. The Police party thought that Bhaskar was dead. They tried to flee away from the place. The two Grama Rakhees and few other constables who were standing on the main road joined together with the Police party and tried to escape through the police van but hearing the cry, some villagers by that time gathered there and requested the Police party to shift Bhaskar to Hospital. Finding no other way out, the Police party carried Bhaskar, his father and another man in the vehicle to the hospital. While carrying Bhaskar to hospital, on the way, the other persons were directed by the Police to get down from the vehicle and the ASI N.K.Das talked to the Circle Inspector of Police and O.I.C. over mobile phone that Bhaskar was probably dead and requested them to come to the Hospital to where they were carrying the dead body. As soon as the deceased reached at the hospital, the doctor attending him declared that Bhaskar was dead. By then, the O.I.C. and other police officers who were present there left the place immediately escaping themselves from the spot as hundreds of villagers came down to the hospital following Bhaskar. The dead body was laying there for the whole night and on the next day the father of the deceased went to the office of S.D.P.O., Athagarh to lodge an F.I.R. against the Circle Inspector, O.I.C., A.S.I. and other constables who were involved in the case. The SDPO, Athagarh soon after getting FIR sent it to the OIC, Athagarh to register a case and take up investigation, but the O.I.C., Athagarh Police Station did not register the F.I.R. as a case immediately even though the case was of house -breaking and murder and tried to conduct post mortem through doctors of Athagarh without making any inquest there. The doctors though started the post mortem but subsequently declined to conduct the post mortem and referred the case to FMT Department of S.C.B. Medical College & Hospital, Cuttack. After the post mortem was conducted at S.C.B. Medical College & Hospital, Cuttack, the O.I.C., Athagarh Police Station registered the F.I.R. already sent by SDPO, as a case bearing Athagarh PS Case No.119/07 under Sections 457/302/34, I.P.C. The matter was communicated to the Collector, Cuttack, I.G. of Police, who reached at the spot and wanted to negotiate with the people who were present near the dead body. Immediately, the ASI N.K.Das was put under suspension and thereafter the post mortem wok was started. The Collector, Cuttack assured that suitable action shall be taken against the real culprits. The Collector, Cuttack gave Rs.10,000/ - to the petitioner and the family members from Red -cross Society as ex -gratia. A spot enquiry was made through an Officer in the rank of Additional District Magistrate, who was the Presiding Officer, DRDA, Cuttack. On 16.06.2007, he went to the village as well as the house of the petitioner and recorded statements of ten persons. Since the petitioner suspected that the real truth cannot come up as the local MLA, who is an ex -Minister and belongs to the ruling party, and at his instance Police has taken action, she filed W.P.(C) No.7399 of 2007 with prayer for prosecution of all the accused persons who were present at the spot, assaulted the deceased, tried to suppress the truth of the case and for providing proper protection to the family of the petitioner and adequate compensation. This Court vide order dated 18.02.2008 disposed of W.P.(C) No.7399 of 2007 directing the Chairman, Orissa State Human Rights Commission (for short, 'the Commission') to make an enquiry into the matter and submit a report to the Registrar (Judicial) of this Court within a period of three months from the date of receipt of the record of that case.

(3.) MR .Mishra, learned counsel appearing on behalf of the petitioner submitted that pursuant to the order of this Court, the Commission registered three cases bearing OHRC Case No.667 of 2007 (suo motu), ORHC Case No.669 of 2007 and OHRC Case No.437 of 2008. All the three cases were tagged together and decided on 07.08.2008. The learned Commission gave a finding that the un -natural death caused by the Police officials was sudden and without any warrant, and house trespass made by the Police in the night without any case and without any woman police is an offence. Therefore, Athagarh P.S. Case No.119 dated 15.06.2007 under Sections 457/302/34, I.P.C. has to be investigated into and the investigation was to continue against ASI N.K.Das and Rs.1,00,000/ - be given to this petitioner towards compensation for death of her son -Bhaskar. The Commission further observed that independent of the outcome of the investigation of the case, the State Government shall initiate departmental proceeding against ASI N.K.Das and Constable Artatran Nayak for misconduct. The compensation of Rs.1,00,000/ - awarded by the Commission is very negligible. Had the deceased been alive, the parents could have been able to get the benefit of earning of their deceased son for their life time. Therefore, minimum compensation of Rs.10,00,000/ - should have been awarded to them. The Commission has not given any finding on the report of the doctor, police official, C.I. of Police, Athagarh, namely, Sudam Charan Sahu and Sri R.P.Swain under whose spell everything was done. The Police did not proceed against the culprits, who are the doctors and the police as they belonged to the group of one ruling party MLA. Therefore, proper investigation by CBI to find out the truth should be made. Because of death of son of the petitioner, the old father in -law of the petitioner who was about 84 years and the eyewitness also expired due to shock of assault on his grandson. The learned Commission has also not examined the witnesses and employees of the Sub -Divisional Hospital, Athagarh who could have narrated about the treatment and post mortem made by the doctor in order to hush up the matter. The then Circle Inspector of Athagarh Police Station, who was the real architect of such a crime, goes unpunished for such ghastly murder and unlawful activities. The learned S.D.J.M., Athagarh had issued notice inviting objection against final report submitted by the Police against which the informant, the father of the deceased, filed protest petition in spite of the findings of the Commission and this Court. The State Police have become callous and have deliberately and intentionally filed final report alleging the facts to be true, but there was no clue to array the police officials in any such crime. The petitioner has no trust on the Police agency because of the conduct of the Police. The Commission though categorically directed to prosecute the Police officials, the same has not yet been done. The State Police agency and their Police personnel carelessly and deliberately handled the case to save their Police personnel, who are accused persons and to wash out the case of murder.