AHULASH DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application the petitioner who is the widow of late Parasnath Singh, has prayed for issuance of an appropriate writ directing the respondents to compensate her suitably as her husband died on account of torture of the respondents and further for appropriate direction commanding upon the respondents to initiate criminal prosecution against the concerned police officials who assaulted the deceased husband of the petitioner as a result of which he died in custody.

(2.) THE petitioner 'scase, inter alia, is that her husband was a farmer who died on 18.7.98 due to excessive torture by the police personnels leaving behind the petitioner as widow and three sons and one daughter. It is alleged that on 18.7.98 at about 10 A.M. the Sub -Inspector of Police, Surendra Prasad Singh, Devilal Prasad, Inspector of Police, Dinanath Raja, Dy.Superintendent of Police, Sadar B.Circle, Headquarters, Daltonganj, constables of CRPF along with the Asstt. Commandant with other forces came to the house of the petitioner and Raj Kumar Ram Versus State Of Bihar entered into the house of the petitioner without any warrant and caught the husband of the petitioner. When she resisted against the alleged action of the respondents and other constables, she was subjected to assault by the said persons. The members of the police party broke open the lock of the boxes and looted the omaments which had been given by her father at the time of marriage. Petitioners ' further case is that after taking away and destroying the articles kept in the house, the members of the police force came out from the house of the petitioner where several villagers protested against the illegal confinement of the husband of the petitioner. It is alleged that the respondents, with the help of other members of the force, surrounded the house of the petitioner and started assaulting him by means of danda and butt of rifles. It is alleged that one Birendra Singh protested the police personnels but he was also assaulted by the respondents. Due to assault when her husband fell down on the ground, his body was taken away by the constables, as directed by the respondents. The respondents, thereafter, threatened the villagers that if anybody comes in their way, he would also be subjected to the same fate as the husband of the petitioner. It is alleged that in presence of the villagers the husband of the petitioner was mercilessly assaulted by the respondents as a result of which the condition of her husband became serious. Thereafter, the husband of the petitioner, under the custody of the respondents, was kept in the police picket situated near the village where again the husband of the petitioner became target of assault by the respondents. The petitioner alleges that her father -in -law and brother in -law seriously protested and requested to release the deceased husband of the petitione. as there was no case pending against him but the respondents neither showed any paper nor released the husband of the petitioner, rather, became very furious. It is further alleged that the incharge of the police picket also requested the respondents either to stop torturing or to go outside the jurisdiction of the picket because if the person will die, he would be held responsible for that. Accordingly, the respondents came out from the picket along with the husband of the petitioner and near the picket itself the respondents, with the help of constable, put a heavy piece of wood on the chest of the husband of the petitioner and asked where he had concealed the L.M.G. Thereafter, the respondents stood up on the piece of wood which was put on the chest of her husband. One of the respondents inserted pieces of clothes into the mouth of her husband and due to that reason the husband of the petitioner became senseless. Thereafter, the respondents returned with the senseless body of the husband of the petitioner to the way of Panki. The petitioner has alleged that she along with her children and relatives rushed to Panki police station from where she came to know that her husband was admitted in the Panki hospital. The petitioner immediately rushed to the hospital where she was informed by the staff of the hospital that her husband died prior to giving any treatment, rather, his dead body was brought to the hospital. It is stated that post mortem was done by the doctor and it was found that cause of death of her husband was due to assault. The petitioner, thereafter, went to police station to lodge F.I.R. but the same was not entertained by the police. She then sent a letter to the Superintendent of Police, Daltonganj for lodging the F.I.R. The petitioner has further stated that she came to know from reliable sources that the police has also lodged F.I.R. being Panki P.S. case No.35/98, a copy of which is annexure 2 to the writ petition. She, therefore, claims that the respondents have brutally killed her husband in Presence of hundreds of villagers by mercilessly assaulting him after taking into custody. The petitioner has, therefore, prayed for the relief, aforesaid.

(3.) , 5 and 8 to 12(the State police) have been filed in this case. In the counter affidavit filed on behalf of CRPF sworn by the AddI.Deputy Inspector General of CRPF, SGC, Ranchi, the case of the respondents in that as requisitioned by the S.P.Palamau District vide his order No.3085/confidential dated 17.7.98 two platoons of D/26 Bn. CRPF stationed at Bazar samity, Daltongan] proceeded from Coy. Hqr. on 17.7.98 at about 17.15 hours to report police station, Panki, Palamau and subsequently party reached there at about 19.00 hours. The platoons were commanded by Sri Ram Krishnan, -Asstt. Commandant D/26 Bn. CRPF. Prior reporting to police station, Panki Sri D. N.Rajak, Dy.Supdt. of Police, Inspecor, Devilaf Prasad, SHO, P.S. Panki were present there. As proposed by Sri D.N.Rajak, Dy. Supdt. of Police of Bihar Police, the plato 5/o 1/n 20s 13 o f PD ag/ e2 16 31 Bn. CRPF made night halt in a school located in that area. On 18.7,98 at about 7 hours the police party consisting of Bihar police personnel, BMP personnels and two platoons of D/26 Bn. CRPF went out under over all command of Sri D.N.Rajak, Dy.Supdt. of Police for carrying out joint special search/raid operations. Inspector, Devilal Prasad and SHO. P.S. Panki also accompanied the police party. The police party, on their way after crossing a river, proceeded towards BMP post Pipratand. On reaching near Loharsi school, Sri D.N.Rajak, Dy.Supdt. of Police, ordered division of police party into two groups and Raj Kumar Ram Versus State Of Bihar directed them to proceed towards left and right side of the lane respectively. The party which proceeded towards left side of the lane, was consisting of one platoon of D/26 Bn. CRPF, Inspector, Devilal Prasad, three SIs of Bihar police and personnels of BMP. Sri Ram Krishnan, Asstt. Commandant D/26 Bn. CRPF also accompanied with this party which proceeded towards Pipratand police post. While the party, after crossing the paddy field, reached near village, Siram, Inspector, Devilal Prasad of Bihar police asked the party to cordon the Panchayat Bhawan where Sri Parasnath Singh and MCC activists were residing there with families. Prior to this operation also troops under the command of Inspector, Devilal Prasad of Bihar police along with SHO. P.S.Panki cordoned the said Panchayat Bhawan twice to apprehend the said MCC activists. Accordingly, the platoon of D/26 Bn. CRPF cordoned the said Panchayat Bhawan and other nearby residential accomodations as per direction of Inspector, Devilal Prasad. After cordoning of Panchayat Bhawan, Inspector Devilal Prasad and some BMP personnels while advanced towards the Panchayat Bhawan for search, one suspected person was seen running away from the Panchayat Bhawan but the police party consisting of D/26 Bn. CRPF personnels along with BMP personnels chased the said suspected person for near about 2 kms. and finally managed to over -power him. While he was running, he fell down many times at his own as a result of which he sustained injuries on his body. After apprehending the suspected person, he was identified as Parasnath Singh. After that, he was handed over to Bihar Police, Inspector Devilal Prasad and other BMP personnels and then said Parasnath Singh was brought to Pipratand outpost where he was interrogated by the police. While interrogation was going on, the platoons personnels of D/26 Bn. CRPF remained outside by cordoning the whole area. After that said Bihar police officers ordered the party to proceed to Panki police station. While the police party was on the way by foot from Outpost Pipratand towards Panki, Sri D.N.Rajak, Dy.Supdt. of police ordered the police party to stop at Loharsi chowk for a while to take rest. After having tea for 10 minutes the condition of said Parasnath Singh started deteriorating and became unconscious. Then he was ordered to be taken to Panki on a bicycle. On the way the police troops crossed the river and thus Parasnath Singh was brought to civil hospital ultimately in a police vehicle. After examination said Parasnath Singh was declared dead by the Medical Officer. Thereafter, the dead body of Parasnath Singh was brought back to Panki police station by SHO Surendra Singh along with other Bihar police personnels. In a nutshell, these respondents have denied and disputed the allegation of torture by them on the body of the deceased as alleged. 4. In another counter affidavit filed on behalf of the Bihar police the allegation made in the writ application has been denied and disputed. It is alleged that the husband of the petitioner was notorious activist of MCC. These respondents have also denied that the Bihar Police force along with CRPF entered into the house of the petitioner on the alleged date without any warrant. Respondent case is that on 18.7.98 a secret information was received about the MCC activists who were going to kill the deployed police personnels of the said picket and seize their fire -arms and ammunitions and would cause mass murder of the police and innocent persons of the locality. On receipt of such information respondent nos. 7 and 8 associated with CRPF, BMP and DAP personnels reached Panki and stayed there on 17.7.98 in the night and in the morning of 18.7.98 they proceeded towards the area Where the said drastic occurrence was to be materialised by the MCC activists. A raid was planned to be conducted in the entire area adjacent to Pipratand police picket. The raiding party was divided into two groups; one group proceeded towards village Loharsi headed by respondent no.8 and another group jointly headed by respondents 7 and 10 proceeded towards village area. It is stated that one group having executed the raid, came to the picket and was waiting for the arrival of the second group. Meanwhile on hearing noise a fig tree respondent no.10 came and informed that respondent no.7 and other CRPF personnels were interrogating the apprehended persons including the husband of the petitioner who was caught by the police personnels. It is alleged that the raiding party carried the apprehended person to Loharsi on foot and then upto the river and back on bicycle and after crossing on a vehicle to Panki hospital. During chase the deceased fell Raj Kumar Ram Versus State Of Bihar down on a cut log under the tree itself and sustained injuries. The deceased was brought to Panki hospital where he was declared dead. Thereafter, on application of the Asstt. Commandant, respondent no.7, a Sanha entry was made on 18.7.98 which shows injuries on the suspected person. The suspected person was declared dead by the doctor of Panki hospital and then information was sent to Headquarters. The respondents have, thus denied and disputed the other allegations made in the writ application and have said that the death of the husband of the petitioner was not caused due to any torture by the police personnels.