Court on Its Own Motion Vs. The State of Jharkhand and Others - Court Judgment

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 3842 of 2016 COURT ON ITS OWN MOTION Versus The State of Jharkhand & Others ---- CORAM : HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON’BLE MR. JUSTICE S. CHANDRASHEKHAR ---- Dated :

20. h July, 2016 Per Virender Singh, C.J.

It is yet another incidence of cruelty meted out by police resulting into death of a 16 year old boy. One of us (Chief Justice) has received as many as 31 Postcards addressed to the Chief Justice of this Court seeking justice for ‘Rupesh’. Rupesh is a boy aged 16 years, who died in police custody on 7th July, 2016 (Thursday) after being called by the police for purposes of some investigation. It is broadly reported in local newspapers including “The Hindustan Times” in its Ranchi Edition dated 9th July, 2016 that a 16 year old boy picked up by undercover cops from a cloth store died of alleged torture in custody in Jharkhand’s Ranchi district on Thursday night. The news item says that police detained Rupesh Swanshi of Bundu town on the suspicion of keeping illegal arms, a charge denied by his relatives. Further it says that son of a jobless father, the teenager had dropped out of school and worked as store’s salesboy to support his poor family and pay for his two sisters’ education. Sister Anita alleged that police came to the shop around 4 p.m. on Thursday and asked Rupesh to accompany them. They promised he won’t be harmed. But around 07.30 p.m. they brought Rupesh home. He was gravely wounded and they took him away soon after, again to Bundu Police Station. The anxious family then approached the DSP’s office where it learnt that he was taken to Rajendra Institute of Medical Science (RIMS) in Ranchi. She further said that they rushed to RIMS, but there was no record of her brother in 2 the emergency ward. They searched all three floors of RIMS but could not find him. As they continued to search, the hospital staff told them about an abandoned corpse. The family’s worst fears came true when it saw the body. Rupesh’s other sister, Sunita said the body bore wound marks on the leg, eyes and head. She said police wanted to conduct an autopsy in a hurry, telling the medical staff that the body belonged to an unknown person. But since the family arrived and protested, the hospital authorities too became suspicious of the police’s behavior. The protest forced Ranchi SSP Kuldip Dwivedi to suspend the officers in-charge of Rahe and Dasham Fall Police Stations, and ordered an inquiry into the alleged death in custody. Few days back, a similar type of incidence had happened with a minor girl in Manika Police Station in Latehar District, who because of the torture by the police went unconscious and remained admitted in RIMS for few days. This Court had taken a serious note of that incidence also, which was highlighted in daily newspaper “The Hindustan Times” in its Ranchi Edition dated June 19, 2016 and taking suo moto cognizance of the same in W.P.(PIL) No. 3134 of 2016 had directed the State to give interim compensation to the parents of that girl to the tune of Rs.50,000/- (Rupees Fifty Thousand) and while referring to the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 had made following observations:- It is very important for the Police to understand Juvenile Justice System through workshop on Sensitizing of Police which is need of hour. Very recently a programme was organized by the Committee of Juvenile Justice, State of Meghalaya in collaboration with Meghalaya State Legal Services Authority, Department of Social Welfare and Office of Director General of Police, Meghalaya in which Hon’ble Mr. Justice Madan B. Lokur, Judge, Supreme Court of India, being the Chief Guest, expressed that Police Academy has an important role and responsibility to train its officers about Juvenile Justice System. His Lordship called upon all the 3 related Departments to work in convergence for protecting the needs and rights of the child and thereby creating a child friendly environment while delivering justice to them. JHALSA is required to take up this issue on priority basis and work out accordingly. Judicial Academy of the State of Jharkhand can take up this sensitive issue while imparting training to the police of Jharkhand State. Further while issuing notice to the respondents, this Court had made following directions: - The respondents are being directed to file their counter affidavits with regard to acknowledge this court about the cause of accident, measures, both interim and final, are being taken for preventing the similar accident in future, about the persons who are responsible for the above accident and the steps which have been taken against them. The Deputy Commissioner, Latehar is directed to submit a detailed report to this Court on or before the next date, i.e., the 22nd June, 2016 (Wednesday) by 10.30 a.m. positively incorporating all the steps taken by the administration to alleviate the suffering of the minor girl victim of inhuman torture subjected by the police officer regarding which news has been published in the Daily Newspaper “Hindustan Times” in its Ranchi Edition dated 19th June, 2016 and further steps, if any, contemplated by the District Administration in this respect. The Respondents are directed to take all the steps which are necessary for proper treatment of the minor girl for giving proper assistance to the parents of the minor girl. The Member Secretary, JHALSA, is also directed to coordinate with the district administration and oversee into the matter from all aspects in accordance with law. The State of Jharkhand through its Chief Secretary, without prejudice to any other rights or remedies of the minor girl or her family in any other proceedings, is also directed to pay interim compensation to the tune of Rs.50,000/- (Rupees Fifty Thousand) to the father of victim minor girl immediately and report compliance of such payment to this Court on or before the next date, i.e., 22nd June, 2016 (Wednesday) by 10.30 a.m. positively. 4 We are conscious of the fact that the Director General of Police has swung into action and started imparting training to the police officials in this regard, but, in our considered view, intensive training is required at the earliest so as to avoid such like incidence in future. It is violation of human rights as well. We, thus, take suo moto cognizance of the postcards addressed to the Chief Justice and direct the Registry to diarise the same as Public Interest Litigation. Let notice be issued to the following, who are made respondents in this Public Interest Litigation: - 1. The State of Jharkhand, through the Chief Secretary, Jharkhand; 2. The Principal Secretary, Department of Home, Government of Jharkhand, Ranchi; 3. The Director General of Police, Jharkhand, Ranchi; 4. The Deputy Commissioner, Ranchi; 5. The Senior Superintendent of Police, Ranchi. In the meanwhile, we direct the Deputy Commissioner, Ranchi to submit a detailed report to this Court on or before the next date, i.e., 27th July, 2016 by 10.30 a.m. positively incorporating all the steps taken by the administration to alleviate the suffering of the minor boy, who died due to the inhuman torture subjected by the police and further steps, if any, contemplated by the District Administration in this regard. While submitting report, the Deputy Commissioner should also see as to whether provisions of Section 60-A of the Code of Criminal Procedure have been adhered to. The State of Jharkhand through its Chief Secretary, without prejudice to any other rights or remedies of the family of the deceased minor boy in any 5 other proceedings, is also directed to pay Rs.1,00,000/- (Rupees One Lakh) to the father of the deceased minor boy immediately and report compliance of such payment to this Court on or before the next date, i.e., 27th July, 2016 (Wednesday) by 10.30 a.m. positively. Registry is directed to communicate a copy of this order to the respondents. Let this Public Interest Litigation be listed on 27th July, 2016 (Wednesday) for being heard along with W.P.(PIL) No.3134 of 2016. (Virender Singh, C.J.) (S. Chandrashekhar, J.) LAK