Back
SUPREME COURT OF INDIA
T.S. Thakur, CJI., Uday Umesh Lalit, J.
Archbishop Raphael Cheenath S.V.D. – Petitioner
Versus
State of Orissa & Anr. – Respondents
Writ Petition (Civil) Nos. 404 of 2008; 76, 396 of 2009, Writ Petition (Crl.) No. 126 of 2012
Decided On : 02-08-2016
(2014)5 SCC 252 – Relied upon
(b) Administrative law – Ethnic/communal violence – Police arriving and controlling situation – No evidence of connivance of police – Indications of trouble available in the past – Culmination could have been averted had the police taken steps initially – Supreme Court expressing satisfaction over relief measures. (Para 11)
(c) Administrative law – Ethnic/communal violence – Investigation by CBI – Arrests made – Final form submitted in all 827 cases – Prayer for investigation by CBI rejected. (Para 13)
(2014)5 SCC 252 – Relied upon
(d) Administrative law – Ethnic/communal violence – Criminal proceedings – Out of 827 cases registered, final reports submitted in 315 cases – Out of 362 trials only 78 resulting in conviction – Status disturbing and is a matter of concern – State advised to look into the 315 cases to see that offenders are brought to book – Similarly State directed to take up the matters wherever acquittals were not justified on facts. (Para 14)
AIR 1974 SC 1389 : (1974) 1 SCC 717 – Referred
Facts of the case:
These Writ Petitions have been filed in public interest seeking to highlight failure on part of State of Orissa in deploying adequate Police Force to maintain law and order in Kandhamal District of Orissa and in protecting innocent people whose human rights were violated after the unfortunate assassination of Swami Laxmanananda Saraswati and others on 23.08.2008 by some Maoists.
All these petitions inter alia pray for directions to the concerned authorities to provide proper and adequate facilities in refugee camps, to prevent communal violence, to provide adequate compensation to the victims of such communal violence, to order institution of Commission of Inquiry by a serving or a retired judge, to order investigation into the crimes committed during such violence by Central Bureau of Investigation and to set up special courts to deal with and try the offences committed during such violence.
Finding of the Court:
Police action after the incident and relief measures are satisfactory, but quantum of compensation and conduct of criminal cases are not.
Result: Writ petitions disposed of with directions.
JUDGMENT :
Uday Umesh Lalit, J.
1. Writ Petition (Civil) No.404 of 2008 has been filed in public interest seeking to highlight failure on part of State of Orissa in deploying adequate Police Force to maintain law and order in Kandhamal District of Orissa and in protecting innocent people whose human rights were violated after the unfortunate assassination of Swami Laxmanananda Saraswati and others on 23.08.2008 by some Maoists. Writ Petition (Civil) Nos.76 of 2009, 396 of 2009 and Writ Petition (Criminal) No.126 of 2012 also highlight the same issues. All these petitions inter alia pray for directions to the concerned authorities to provide proper and adequate facilities in refugee camps, to prevent communal violence, to provide adequate compensation to the victims of such communal violence, to order institution of Commission of Inquiry by a serving or a retired judge, to order investigation into the crimes committed during such violence by Central Bureau of Investigation (“CBI” for short) and to set up special courts to deal with and try the offences committed during such violence. These petitions were heard together with Writ Petition (Civil) No.404 of 2008 as the lead matter.
2. The incident and circumstances that led to the unrest and communal violence were dealt with in the Report of the Investigating Team of the National Human Rights Commission (hereinafter referred to as the “NHRC”), certain portions of which for the sake of facility are reproduced hereunder:
“On 23.08.2008 at 19.55 hrs. when Swami Laxmanananda Saraswati was in his room, some armed men attacked his Jalespetta Ashram. Two of them took control of the four unarmed recruits standing outside the Ashram at gun point. The rest of them entered the Ashram and started indiscriminate firing killing Swami Laxmanananda Saraswati in the attached toilet of his room where he tried to hide himself. Mata Bhakti Mai and Kishore Baba were killed in the adjoing room. Simultaneously, some of them went into the room of the Personal Security Officer (PSO) who was not present that day and killed Swami Amrita Nand and local villager Puranjan who were lying in that room. The attackers fired about 50 rounds in fifteen minutes and ran away from the Ashram. In this regard FIR No. 37/08 u/s 147/148/149/452/302/120-B/IPC, PS-Tumdibandh was registered on the statement of the eyewitness Brahmachari Madhab Baba…………………………………….
The violence in the present case started after the death of the Vishwa Hindu Parishad leader Swami Laxmanananda Saraswati allegedly by the Christians supported by the naxalites. The violence spread after the procession of the dead body of Swami Laxmananana Saraswati was taken through various parts of the district on a grand scale. Although the large scale violence started after his death, the cracks within the society were already existing as is evident from the data regarding clashes between these communities in the previous years (ref report of SP Kandhamal at P-911-913 of Annexure-II). This is also evident from the fact that litigations between both the communities are existing on the issue of reservation for the SC (Pano) Christians.”
3. Writ Petition No.404 of 2008 filed on 02.09.2008, came up before this Court on 03.09.2008. This Court thereafter passed various orders from time to time to ensure that the situation was brought under control and relief in full measure was extended to the victims. Following were the orders passed by this Court:
A. 3.09.2008
“Issue notice.
Learned Addl. Sol. General/counsel for respondents appear and accepts notice.
The first respondent through its Chief Secretary is directed to file its response by way of an affidavit by tomorrow morning as to what steps are being taken to protect the life and property of the affected people in the State and also regarding the proposed yatra on ensuing Friday.
The Secretary General is directed
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
