ANDISA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ is filed by the first petitioner-father and second petitioner-wife of deceased Pradeep Majhi who died on 26.12.2010 while in police custody seeking issuance of a direction the opposite parties to conduct an independent enquiry to find out the cause of death of the deceased in police custody within twenty four hours and punish the culprits and further to award compensation to the bereaved family urging various grounds.

(2.) The brief facts are stated thus: On 24.12.2010 early in the morning at 4.00 A.M., in the name of combing operation, personnel of Special Operation Group with Central Reserved Police Force, entered into the village Lambadanga and dragged the villagers from their houses and brutally beat them. The Special Operation Group and CRPF jawans threw their belongings and food materials of the villagers which were kept for observation of Christmas. They took away all the mobiles and Rs. 20,000/- from Narendra Mallick and other villagers.

(3.) The deceased Pradeep Majhi along with others namely; Somanath Majhi, Bulu Majhi and Bijaya Majhi were brutally beaten up and taken away by the police personnel. On the query by the father-first petitioner, as to why they were taking his son and others, there was no reply from the police personnel. They do not produce the four persons including the first petitioner's son-Pradeep Majhi before the jurisdictional Magistrate even after twenty four hours which was protested by the villagers. On 26.12.2010, the Superintendent of Police, Gajapati informed over telephone to Samiti Member Bimbadhar Nayak that Pradeep Majhi has died at 9.00 A.M. the same day and dead body was kept for post-mortem examination. On spreading the news of death of deceased Pradeep Majhi in police custody, the villagers and family members of the deceased sat on 'Dharana'. They demanded compensation for the family with rehabilitation and also blocked the Berhampur-Rayagada road. The news in that regard, published in the Hindu Newspaper is annexed as Annexure-2.