SADIN MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed by Smt. Sadin Meher, wife of late Pahilman @ Chittaranjan Meher, praying for an investigation of the case arising out of death of her husband either by the Central Bureau of Investigation or by the Crime Branch. The case which has been made out is that the petitioner's husband was working as a mechanic in Niranjan Motor Garage. On 15.2.2001 the petitioner's husband Chittaranjan did not return from the garage at night and the petitioner thought that he might be busy in his work. Next morning the petitioner with her elder son went to Niranjan Motor Garage to find out what had happened and then came to know from the owner of the garage that her husband had been arrested by the police as he committed theft. On being so informed, the petitioner went to the Police Station, namely, Barapalli Police Station and asked the OIC of the Police Station about her husband, but she did not get any answer. Feeling helpless, she came back to her house and came to know subsequently from the villagers that her husband's dead body was lying near the railway station and the police had taken the photographs of the dead body and the wearing apparels of her husband. Knowing this, the petitioner rushed to the Police Station and asked the OIC to show her the photographs and the wearing apparels of her husband. The petitioner came to know that UD case No. 2 of 2001 was registered in the Police Station, but the photographs and the clothes of her husband were not shown to her by the OIC. Thereupon the petitioner made an application to the Collector, Bargarh and also the Superintendent of Police, Bargarh for making an inquiry about the custodial death of her husband.

(2.) FURTHER case of the petitioner is that the S.P. Shri Jasvinder Singh intervened in the matter and directed the OIC of Barapalli P.S. to show the photographs of the dead body of the petitioner's husband to her. On being so directed the OIC showed the photographs and clothes of the petitioner's husband to the petitioner. The petitioner's case is that she was rebuked by the OIC and also by other members of the Police Staff of the Police Station in filthy language and was driven out of it. The case of death of petitioner's husband became known to the locality and the matter was flashed in the newspapers.

(3.) LEARNED Counsel for the petitioner very much relied on the report of the S.P. and submitted that the case is one of murder and not a case of natural death. He has also submitted that in this state of affairs the Special I.G. of Police (OPS), Orissa directed the Superintendent of Police, CID, Crime Branch, Orissa, Cuttack to take up investigation about the custodial death of petitioner's husband in connection with Barapalli P.S. U.D.Case No. 2/2001 by letter No. 2849 dated 15.5.2001 and it was directed by the Special I.G. of Police in the said letter to submit a report within a fortnight whether the case is suicidal or homicidal. Copy of the said letter has been enclosed as Annexure -5 to the writ petition. It is alleged that at that juncture the S.P. Shri Jasvinder Singh was transferred allegedly on political pressure and one Gopabandhu Mallick joined as S.P, Bargarh. Immediately after joining of Gopabandhu Mallick, the suspended OIC and two other police officials were reinstated in service and thereafter the new S.P. Gopabandhu Mallick suppressed the letter given to the Crime Branch for investigation and did not send the same to the Superintendent of Police, CID, Crime Branch for inquiry. Instead of that an intimation was sent to the Human Rights Protection Cell.