GAURAV ABDUCTION CASE Vs. STATE OF BIHAR

JUDGEMENT

(1.) PURSUANT to the order, which we have recorded during the first session, today, we met the victim minor boy Gaurav Kumar, alias Golu, aged about 9 years, and the parents of the victim and the Police Officers of the area, incharge of this matter, namely, Shri Amrik Singh Nambiar, Zonal Inspector General of Police, Patna, and Mr. Kudan Krishnan, Senior Superintendent of Police, Patna, as also Shri Ashish R. Sinha, Director General of Police, Bihar, Patna, individually in our chambers and we were apprised separately by all of them. We have also prepared a short note in respect of the narrations, the boy made in our presence. Thereafter we have also taken the views of the learned Additional Advocate General II, Shri S.K. Ghose.

(2.) IN the Second half of the day, pursuant to our earlier directions, the Director General of Police, Shri Sinha, remained present in the open Court and he is impressed upon to take the lead role for monitoring the kidnapping and abduction cases in the State, and he has also assured us that on the next date, he will come with suggestions, in writing, for taking effective measures, redressal and mechanism to curb and control the undesired and illegal activities of kidnapping and abduction in the State of Bihar, along with facts and figures of such cases. We have desired him to place all these on record by filling a detailed affidavit. We have also desired him to effectively monitor, henceforth, such cases, as despite our orders, even for producing the minor boy, Golu, the police took almost 26 days, which is really a very unfortunate phenomena, telling upon the working of administration of justice and rule of law, in the State of Bihar. We have expressed our utmost anxiety to the Director General of Police as well as the Additional Advocate General II, Shri Ghose. The other issues, like amount of compensation to be paid, if we decide to direct the State in the circumstances, later on, further direction to be issued and other points, noted during the first part of the day in our earlier order, will be considered on the next date. We hope and trust that the Director General of Police will come up, on the next date, with suggestions for effective and efficient mechanism for curbing and controlling the growth of illegal activities, like kidnapping and abduction in the State of Bihar. We have also deferred further hearing of the learned Additional Advocate General, desirous of making suggestions on the next date. Upon consensus, we direct the office to notify this matter for further hearing on 25.10.2005.