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SUPREME COURT OF INDIA
P. SATHASIVAM, CJI., RANJAN GOGOI AND N.V. RAMANA, JJ.
SUDIPTA LENKA – PETITIONERS
VERSUS
STATE OF ODISHA ORS. – RESPONDENTS
WRIT PETITION (CIVIL) NO. 957 OF 2013
Decided On : MARCH 12, 2014.
(2011) 13 SCC 337; (1992) 1 SCC 397; (1994) 1 SCC 616; (2010) 2 SCC 200 – Relied upon
(1996) 2 SCC 199; (1998) 8 SCC 661; (2006) 6 SCC 613 – Distinguished
Facts of the case;
One Itishree Pradhan (the deceased) joined as a Siksha Sahayika in the Tikiri Upper Primary School on 18.06.2011. As she was facing difficulty in finding accommodation, one Netrananda Dandasena (the accused), who was then serving as Sub Inspector of Schools at Tikiri, offered her accommodation in his own house. The deceased was sexually harassed by the aforesaid accused which led to a complaint by the deceased before the local police on 18.07.2013. The deceased had approached every authority including the State Women Commission and Odisha Human Rights Commission, DGP, Collector of the District, the Chief Minister for intervention but without any result. Emboldened by the lack of any action by any authority, some family members of the accused threatened the deceased to withdraw her complaint to the police. The deceased retaliated by lodging another complaint with the police.
On 27.10.2013 the deceased was set ablaze and she was removed to the hospital with 90% burn injuries; eventually, the deceased succumbed to the burn injuries sustained by her in a hospital at Vishakhapatnam on 01.11.2013.
The petitioner has sought a direction for the transfer of the investigation of the case involving the death of Itishree Pradhan from the State agency to the Central Bureau of Investigation and the monitoring of such investigation by this Court.
Finding of the Court:
State should hold a detailed administrative inquiry into the matter to ascertain whether any other official or authority, at any level, is responsible for not attending to the complaints, grievances and demands raised by the deceased either in the matter of action against accused Netrananda Dandasena or in providing security to her or in transferring her from Tikiri, Rayagada District.
JUDGMENT : -
RANJAN GOGOI, J.
1. A young law student of Bangalore, who belongs to the State of Odisha, has filed the present application under Article 32 of the Constitution highlighting what she has perceived to be a serious infringement of the fundamental rights guaranteed by Article 21 consequent to a tragic incident wherein one Itishree Pradhan was set ablaze on 27.10.2013 at a place called Tikiri located in Rayagada District in the State of Odisha. The unfortunate victim of the incident died on 01.11.2013.
2. According to the petitioner, the aforesaid Itishree Pradhan (hereinafter referred to as “the deceased”) joined as a Siksha Sahayika (contractual government teacher) in the Tikiri Upper Primary School on 18.06.2011. As she was facing difficulty in finding accommodation, one Netrananda Dandasena, (now an accused and hereinafter referred to as “the accused”), who was then serving as Sub Inspector of Schools at Tikiri, offered her accommodation in his own house. It appears that the deceased was sexually harassed by the aforesaid accused which led to a complaint by the deceased before the local police on 18.07.2013. The petitioner alleges that no action on the said complaint was taken by the local police. On 30.07.2013 the deceased had approached the State Women Commission and Odisha Human Rights Commission for intervention but the said bodies did nothing more than to forward her petition to the Superintendent of Police, Rayagada for necessary action. According to the petitioner, on 31.07.2013, the deceased had approached the Director General of Police and on 05.08.2013 she had approached the Superintendent of Police, Rayagada; on the same day she had sent a representation to the Chief Minister of the State. It is also alleged that on the same date i.e. 05.08.2013 the deceased had filed a complaint before the Collector, Rayagada District. According to the petitioner all the aforesaid approaches made by the deceased to different authorities did not yield any result. In the meantime, emboldened by the lack of any action by any authority, some family members of the accused threatened the deceased to withdraw her complaint to the police. The deceased retaliated by lodging another complaint with the police on 19.09.2013. (date is disputed by the State) The petitioner has further claimed that from 05.08.2013 till 22.10.2013 no steps were taken by the concerned authorities to provide the deceased with any security; no action was taken against the accused and no steps were taken to transfer the deceased from her place of posting i.e. Tikiri to another location. The petitioner has further alleged that on 27.10.2013 the deceased was set ablaze and she was removed to the hospital with 90% burn injuries; eventually, the deceased succumbed to the burn injuries sustained by her in a hospital at Vishakhapatnam on 01.11.2013. Referring to the several newspaper reports published with regard to the incident in question the petitioner has alleged that perpetrators of the crime enjoyed political patronage and the accused had close proximity to a Member of Parliament and also a minister. The petitioner has stated that notwithstanding the several criminal acts committed, the accused was moving around freely; receiving his salary and had even been granted a promotion in service. Consequently, the petitioner has sought a direction for the transfer of the investigation of the case involving the death of Itishree Pradhan from the State agency to the Central Bureau of Investigation and the monitoring of such investigation by this Court.
3. The writ petition filed on 12.11.2013 has been responded to by the State of Odisha by means of a counter affidavit dated 02.01.2014. According to the State, on the basis of the complaint dated 18.7.2013 filed by the deceased against Netrananda Dandasena, Tikiri P.S. Case No. 60 dated 18.07.2013 under Sections 354/409 of the Indian Penal Code was registered. The State, in its counter affidavit, has set out in seriati
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