RAMA NAND RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondents to grant compensation to the petitioner to the tune of Rs. 21,00,000/- as also give employment to the family members of the deceased, who has been killed during the course of police firing in an encounter with the criminals.

(2.) The brief facts of the case, according to the petitioner, are that the deceased son of the petitioner, namely, Ranvijay Kumar, was working since the month of March, 1996 as a Special Educator in a school meant for mentally retarded namely, Ayurvedic Magneto Research Institute (AMRI), Panchsheel, Kumhrar, Patna and was getting a salary of Rs. 5000/- per month. On 28.12.2000 at about 4:30 pm., the deceased son of the petitioner was shot dead in a police firing near the Kumhrar police outpost when he was going to the Sandalpur hostel with his two students and he was struck in the cross-firing that had taken place in between the police and the criminals, leading to filing of an FIR bearing Agamkuan P.S. Case No. 265 of 2000 against unknown for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. On 29.12.2000, post mortem was conducted over the body of the deceased and the death was treated to have been caused by firearms. Thereafter, the petitioner herein had filed an application dated 18.1.2001 before the District Magistrate, Patna for award of compensation, as also employment to one of the dependents of his deceased son. It appears that the District Magistrate, Patna had then, vide letter dated 19.03.2001, directed the S.D.O., Patna City to make an enquiry into the matter, who in turn directed the Circle Officer, Fatuha to conduct enquiry into the cause of death of the son of the petitioner, whereupon the respondent no. 6 i.e. the Circle Officer, Fatuha had submitted his report wherein it was stated that upon enquiry, it has transpired that when the deceased was returning from his school, one gunshot had hit on the chest of the deceased during the course of exchange of fire between the criminals and the police, resulting in death of the deceased, hence, compensation can be granted to the petitioner. The petitioner had also sent a complaint dt. 30.8.2001 to the National Human Rights Commission, New Delhi (hereinafter referred to as the 'NHRC') and the NHRC had taken cognizance of the complaint whereupon a Case No. 1877/4/2001-02 was registered and notice was issued to the District Collector, Patna, calling for a report in the matter.

(3.) Since the petitioner had failed to get any relief either from the State Government or from the NHRC, the petitioner had preferred a writ petition bearing CWJC No. 3135 of 2004 for grant of compensation and appointment to one of the dependent of the deceased son of the petitioner. However, in the meantime, NHRC had issued a notice dated 03.10.2006 under Section 18(3) of the Protection of Human Rights Act, 1993 to the Chief Secretary, Patna asking him to show cause as to why interim relief be not recommended for payment to the next of kin of the deceased. Thereafter, the NHRC vide proceedings dated 24.12.2007 had requested the Chief Secretary, Bihar to consider the case of the death of the son of the petitioner on humanitarian grounds and provide interim relief to the next of kin of the deceased and with this observation, the NHRC had closed the case. The petitioner had then filed various representations, both before the Government officials as also before the President of India and the Governor of Bihar. At last the petitioner received a copy of the letter sent by the Governor Secretariat, Bihar dated 27.5.2015 to the Principal Secretary, Home Department, Bihar, Patna to take appropriate action on the claim of the petitioner herein and accordingly, inform the Governors' Secretariat whereupon, the petitioner had become hopeful that his grievances would be redressed by the Government, hence, under the said impression, the earlier writ petition bearing CWJC No. 3135 of 2004 was withdrawn and the same stood dismissed as not pressed by an order dated 24.07.2015, passed by a coordinate Bench of this Court. However, since nothing happened, thereafter and the respondent State Government authorities slept over the matter, the petitioner herein has been again compelled to knock the doors of this Hon'ble Court by filing a fresh writ petition i.e. the present one.