CHAMBARA SOY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, Chambara Soy, resident of village-Gobarghati, P.S. Kalinga Nagar in the District of Jajpur with the following prayers :-

(2.) The facts as delineated in this writ petition tend to reveal as follows :- The petitioner belongs to Scheduled Tribe being Munda by tribe and is a permanent resident of village Gobarghati, Tahasil Sukinda, P.S. Kalinga Nagar in the district of Jajpur. On 2-1 -2006 due to dispute between the tribals of the area and the local police, there was a violent clash in which thirteen persons lost their lives, for which some members of his community wanted to carry on peaceful agitation to draw the attention of the Government to their demands. However, certain unscrupulous elements in order to further their own political ambitions managed to hijack the entire movement and started 'rasta roka' agitation and totally blocked N.H. 200 near Ambagadia village under Kalinga Nagar P.S. According to the petitioner, due to such blockage of N. H. 200, total lawlessness prevailed in the area and some people instigated the public to take up arms and adopt the path of violence. On 23-4-2006 at about 7 p.m. the petitioner along with his ailing son was proceeding in a car to Danagadi hospital on N. H. 200 to provide him medical treatment as he was suffering from Malaria and on his way to Danagadi hospital, he was stopped near village Ambagadia on account of the road blockage agitation resorted to by a mob comprising of the persons named in paragraph 12 of the writ petition, claiming themselves to be members of an organisation named and styled as 'Bistapan Birodhi Janamanch', Kalinga Nagar. Despite earnest request of the petitioner to allow him to take his son in the vehicle to the hospital, the mob did not allow the petitioner's vehicle to pass through N. H. 200 and detained his vehicle for two hours. The petitioner somehow or other escaped the mob and arrived at Danagadi hospital where his son was declared dead on arrival. The petitioner filed an FIR on 25-1-2006 indicating the entire facts and requested the Police to take appropriate action in the matter and as no action was taken against the offenders who were responsible for blocking the N. H. 200 and due to such illegal road blockage his son died, the petitioner has filed this writ petition with the prayers herein above mentioned. As already observed above, the petitioner filed an FIR on 25-1-2006 before the Kalinga Nagar Police Station in this regard. No action having been taken on the FIR, on 28-4-2006 the petitioner along with other members of the Kalinga Nagar Surakshya Committee filed a representation before the Superintendent of Police, Jajpur indicating the death of his son and requesting to remove the blockage made by certain persons on N.H. 200. According to the petitioner, even though road blockage was continuing, the State Government, O.P. 1 was not taking any step for removal of such blockage, which caused immense difficulties to the commuters and users of N.H. 200 as the plying of commercial and passenger vehicles in that area of N.H. 200 has been totally stopped. The petitioner submitted that the inaction on the part of the authorities to remove the blockage from the national highway has resulted in total stoppage of vehicular traffic at that part of national highway and the petitioner became a victim of such negligence of the State authorities which led to the untimely death of his son, who was a student of ITI, for which the State is liable to compensate the petitioner.

(3.) A counter-affidavit has been filed on behalf of the Superintendent of Police, Jajpur, (O.P. 2) refuting the allegation of the petitioner that due to road blockage on N.H. 200 near Ambagadia under Kalinga Nagar, lawlessness crept into the area but in paragraph 7 it is indicated that Sanjaya Soy, the son of the petitioner-Chambara Soy, was treated in Danagadi hospital during the month of March 2006 and on the date of occurrence, he was taken to the hospital for treatment but due to road blockage, the petitioner was not able to take his son for necessary treatment to Danagadi hospital. It is further indicated that the present petitioner was not supporting the agitation against the Government and was not agreeing to the cause of such road blockage resorted to by a group of persons and his son died due to delay in shifting him to the hospital on account of obstruction, which was under investigation. It is also indicated that on the basis of the FIR filed by the petitioner, Kalinga Nagar P.S. Case No. 63 dated 27-4-2006 was registered under Sections 341, 342, 384, 506. 304, A/34, IPC. In paragraph 9 of the said counter-affidavit, it is stated that the members of Kalinga Nagar Surakshya Committee had given a representation to the Superintendent of Police, Jajpur to take steps for removal of the blockage on the express highway but as the agitation was led by political leaders, who were instigating the agitators to protest by violence, the Police and administration were maintaining utmost restraint and trying to sort out the problem through negotiation, persuasion and dialogue. In paragraph 10, it is stated that the death of the petitioner's son is due to delay in treatment, which was attributable to the community people of the petitioner. According to O.P. 2, the cause of death was not due to negligence on the part of the Government authorities or the Police officials but it was due to the act of certain persons, who were resorting to road blockage. It is further stated that the FIR filed by the petitioner was under investigation and may take some more time, as the agitators were not allowing the police to cause fair investigation of the case.