LANDU DEOGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present public interest litigation has been filed by the three petitioners claiming themselves to be the Members of Scheduled Tribes of the State of Jharkhand. Petitioner No. 1 and 2 were said to have been present at the place of the incidence which occurred on 29/30th June 2011 in which one Mangal Honhaga was killed during anti naxal operation conducted by the CRPF in Saranda forest area, West Singhbhum. Petitioner No. 3 claims to be the brother of the deceased Mangal Honhaga. Petitioners have alleged that during anti naxal operations being conducted by the State Police/CRPF in June 2011, the petitioner No. 1 and one another person were forcibly taken to the Jungle by the Police/CRPF personnel on 28th June 2011. It is alleged on behalf of the petitioners that on the fateful night on 28th June 2011 at 1.00 AM, while the petitioner Nos. 1 and 2 and other villagers proceeded towards Chhotanagar, the Police Force was marching with around 15 tribals/village persons who were with them and were forced to carry the luggage, provision, ammunition, explosives, etc. of the Police/CRPF. Thereafter, petitioners heard the sound of shouts apparently in the voice of the deceased Mangal Honhaga that he is unable to carry the luggage any further. Thereafter, they alleged to have heard further shouts about firing of guns and in the light flashed by the Police/CRPF, the petitioner No. 1 saw Mangal Honhaga lying on the ground writhing in pain. It is alleged on behalf of the petitioner No. 1 that there was some conversation amongst the Police/CRPF as to why firing was done and these petitioners were directed to move ahead and they were asked not to tell about the incident to any one. It is alleged by these petitioners that the said Mangal Honhaga died as a result of such gunshot injury. Thereafter, FIR being Chhotanagar P.S. Case No. 06/11 was registered at the behest of Shambhu Kumar Biswas who was the Assistant Commandant of CRPF.

(2.) IT is alleged that the deceased Mangal Honhaga died as a result of gunshot injury fired by the same Shambhu Kumar Biswas, the case was being made that he had died in encounter between Police/CRPF and Maoist. It is alleged by the petitioners that the FIR was registered by Shambhu Kumar Biswas, Assistant Commandant, CRPF who in fact shot the said person and tried to make out a case of encounter between the Police/CRPF and Maoist and that the deceased was alleged to have been killed as a result of firing by Maoist.

(3.) IN the wake of such allegation and the prayer made in the instant public interest litigation, the concerned respondents were asked to offer their response on the earlier dates. From the affidavit filed on behalf of the respondent State of Jharkhand, it appears that the incident was also inquired into by the CID wing of the Jharkhand Police by an officer of the rank of Dy. Superintendent of Police, CID. It further appears that the National Human Rights Commission had also directed the State Government to inquire into the matter. The affidavit filed on behalf of the respondent State of Jharkhand on 20th September 2012 discloses that initially, one Chhotanagar P.S. Case No. 06/11 was registered on 30th June 2011 under sections 147, 148, 149, 353, 302 and 307 of the Indian Penal Code read with section 17 of the CLA Act, section 17 of the UAP Act and section 27 of the Arms Act with regard to the death of Mangal Honhaga in police encounter. Subsequently, on the direction of the Deputy Commissioner, West Singhbhum at Chaibasa, the Sub Divisional Officer, Porahat, Chakradharpur also submitted a inquiry report on 25th September 2011 which was sent to the National Human Rights Commission and also to the Additional Director General of Police, (CID), Jharkhand. It further appears from perusal of the said affidavit that after the investigation done by the CID, the Deputy Inspector General, CID in his letter dated 3rd September 2012 found complicity of police officials of the Armed Forces in the aforesaid incidence of death of Mangal Honhaga during anti naxal operation carried out on 28th/29th June 2011. Consequently, it appears that a police case being Chhotanagar P.S. (West Singhbhum) Case No. 09/12 was registered on 7th September 2012 under sections 342, 302, 201/34 of the Indian Penal Code and section 27 of the Arms Act.