MUKTY TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HAVING heard learned counsel for the parties, the Interlocutory Application for impleading the C.B. I. as party - respondent is allowed. I.A. No. 3527 of 2006 stands disposed of. W.P. (PEL) No. 1654 of 206

(2.) THE prayer in the instant Public Interest Litigation is for issuance of mandamus for direction to the authorities of the Central Bureau of Investigation (CBI in short) to enquire into and investigate the case relating to custodial murder of a tribal boy, namely, Manraj Tirkey.

(3.) ACCORDING to the petitioner, Manraj Tirkey, a tribal boy, was arrested by respondent No. 7, Smt. Sandhya Rani Mehta, City Deputy Superintendent of Police, Bokaro, Jharkhand, on 22.12.2005 at about 8.00 a.m. along with five other tribal boys and they were taken to the police station, Sector - XII (Bokaro). Immediately thereafter, the whole villagers have given a joint application to respondent No. 6 for the release of the innocent tribal boys on 23.12.2005. Five persons were released but the sixth person i.e. Manraj Tirkey was detained and since he sustained severe injuries, he was taken to hospital where he was declared dead on 1.1.2006. After coming to know the death, the father of the deceased, namely, Mukty Tirkey, has given a written statement to respondent No. 6 to register FIR against respondent No. 7 and other police officials, who were directly involved in committing the murder of his son, Manraj Tirkey. The fellow villagers of the deceased also give a joint application to the Governor, State of Jharkhand, through proper channel, but no action was taken. The matter was reported to the National Human Commission also but when they didn 't get any response from any end, the petitioner has approached this Court claiming for issuance of mandamus, directing the CBI to enquire into and investigate the case relating to custodial murder of one tribal boy, Manraj Tirkey.