SUNIL PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant petition has been filed by one Sunil Pandey son of Sri Bishram Pandey, resident of village Tona, P.O Bhandara, P.S Bishrampur, Dist. Palamau, in the shape of public interest litigation seeking issuance of an appropriate direction for constituting the National Investigating Agency Act, 2008 or the matter be investigated by Central Bureau of Investigation with respect to the activities of certain extremist organizations like T.P.C, J.P.C, J.J.M.P, J.L.T and Green Army who are posing serious threats to the National Security and also to identify the individual officers who have developed nexus with such organizations and also helping them in executing their designs/ mission against interest of this country by giving certain details of even mobile numbers of some of the police officials who had been in constant touch with some of the members of the extremists outfits. Not only that, it is also spelt out in the instant petition that certain persons who have political background and had been members of the Legislative Assembly, ­2­ Jharkhand, have also nexus with these organizations. Further allegation is that the police officials who are involved in it are sharing even the levy collected by the aforesaid extremists organizations from different persons by putting them under threat. Prayer made herein is that if the matter is investigated thoroughly and deeply, all this would surface which would not only be in the interest of State of Jharkhand but would in the interest of nation also.

(2.) Counsel for the petitioner stated that the instant petition was filed by aforesaid Sunil Pandey on 01.03.2014 which at one stage when taken up by the Bench, was asked to supply the source of his earning, bank account and even the income tax return and permanent account number. Learned counsel submitted that the fresh development now is that the petitioner is no more in this world as he was brutally murdered on 8.12.2015. He states that his real brother namely Sushil Kumar Pandey now wants to step into the shoes of his deceased brother Sunil Pandey, for which he has moved a formal application being I. A No. 136 of 2016, copy thereof has already been supplied to Mr. Jai Prakash, learned Additional Advocate General, who raises no objection in allowing the instant petition and rightly so, that too in the present set of circumstances. We grant permission to Sushil Kumar Pandey to prosecute the instant petition which undoubtedly espouses a public cause at large. stands disposed of accordingly. Mr. D.K. Chakraverty, appearing for Sushil Kumar Pandey states that even Sushil Kumar Pandey is also receiving threat calls from different quarters and apprehension in his mind is that he might be eliminated/ killed as happened to his real brother Sunil Pandey.

(3.) ­ Viewed thus, it is directed that if the petitioner moves an application/representation before Superintendent of Police , Palamau, the same shall be considered without any waste of time, preferably within 48 hours only from the receipt of the representation vis­a­vis the threat perception and if need be, immediate security shall be provided to the petitioner. He will also apprise the Court about the latest status of the criminal case being Bishrampur P.S. Case No. 80 of 2015 registered in connection with the murder of Sunil Pandey. We thus ignore the hyper­technical defects crept in the instant petition and keep it alive on board for its consideration. Before we consider it further for passing any required direction, we direct Director General of Police Jharkhand to investigate this matter personally and file his affidavit on or before next date of hearing, for which we grant only four week's time. Copy of the order shall be provided to Mr. Jai Prakash, under the seal and signature of the Court Master, for compliance.