RANCHI BAR ASSOCIATION RANCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Pursuant to the call given by the Jharkhand Mukti Morcha (hereinafter referred to as the Morcha), a Bundh was organized on 8th June, 1998, in Ranchi, leading to ransacking of the premises of the Bar Association of the district Court, destruction of its furniture and the vehicles parked there were damaged or burnt, giving rise to retaliation by the members of the Bar. The members of the Bar went on strike seeking appropriate action against the State Administration, police and the organizers of the Bundh. On a representation of the District Bar Association, Ranchi, containing allegations of assault, arson and loot in the campus of the District Court particularly the Bar Association, the Hon'ble Chief Justice of this Court passed an order dated 11-6-1998, directing it to be placed before the Division Bench for dealing with the same in the judicial side, pursuant to which a Division Bench was constituted on 12-6-98 on which date this Court permitted the Bar Association to place its representation in the form of a writ petition on record so as to enable the respondents to file their replies and the same has been numbered as a writ petition.

(2.) There are 27 respondents to the writ petition. The respondent No. 1 is the State of Bihar through the Chief Secretary, Government of Bihar. The respondents Nos. 2, 3 and 4 are the Director General of Police, Bihar, the Commissioner, South Chotanagpur Division, Ranchi, and the Regional Inspector General of Police, South Chotanagpur Division, Ranchi, respectively. The Deputy Commissioner, Ranchi, is the respondent No. 5 and the Senior Superintendent of Police, Ranchi, is the respondent No. 6. The Sub-Divisional Officer, Sadar, Ranchi, and the Deputy Superintendent of Police (City), Ranchi, have been impleaded as respondents Nos. 7 and 8 respectively. Sri Suroj Mandal, Vice-President and Sri Ram Dayal Munda, Member, of the Morcha, who are said to have organised the Bundh, have been impleaded as respondents Nos. 9 and 10 respectively. The respondents Nos. 11 to 26 are also alleged to be some of the organizers of the Bundh. Mr. Mahendra Prasad Yadav, the then Sub-Divisional Officer, who was on duty on 8-6-98, has also been impleaded as respondent No. 27.

(3.) A counter-affidavit has been filed on behalf of the respondents Nos. 1 to 4 mentioning therein that no request was made to them for any special help for 8th June, 1998, by the local administration. Another counter-affidavit has been filed on behalf of respondent No. 5, the Deputy Commissioner, Ranchi. There are separate counter-affidavits filed by the respondents Nos. 7, 8 and 27 (the Sub-Divisional Officer, Sadar, Ranchi, the Deputy Superintendent of Police (City), Ranchi, and Sri Mahendra Prasad Yadav, the then Sub-Divisional Officer who was posted on 8th June, 1998, in Ranchi). The other respondents have also filed their counter-affidavits, denying their involvement in violence and some of them have also come out with the plea of alibi. There are supplementary affidavits and supplementary counter-affidavits exchanged between the parties.