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IN THE HIGH COURT OF BOMBAY
PARBATABAI SAKHARAM TARAM
Versus
STATE OF MAHARASHTRA
Decided on , January 10, 2006
Juvenile Justice (Care and Protection of Children) Act (56 of 2000) - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989), Section 3(2)(i), (ii), (vii) and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 12(4) - See Constitution of India, Articles 21 and 22 - Juvenile Justice Act (53 of 1986).
CONSTITUTION OF INDIA, 1950 - Articles 21 and 22 Petitioner tribal belonging to caste Gond was minor and also juvenile at the time of arrest She claims to have suffered arrest, illegal detention and custodial torture from the year 1990 Petition for compensation filed in the year 2004 i.e. almost after 14 years Plea that petition deserves to be dismissed on the ground of delay and laches not available to the State in the facts and circumstances of the case. The petitioner sought compensation from the respondents and officials in the police department for her wrongful detention in police custody, false implication in serious offences, custodial torture and for violation of her fundamental and human rights including the protection for which the petitioner was entitled to under the Juvenile Justice Act, 1986, Juvenile Justice (Care and Protection of Children) Act, 2000 and the Scheduled Castes and the Scheduled Tribes (Prevent ion of Atrocities) Act, 1989. The petitioner further claims compensation for violation of her fundamental and human rights in the sum of Rs. 10,00,000/with costs. Petitioner is tribal belonging to caste Gond. She was a minor and also juvenile at the time she was arrested, wrongfully detained and tortured in police custody and thereafter falsely implicated in three cases on serious charges including the TADA (P) Act, 1987. Preliminary issue was raised by State that though the petitioner claims to have suffered arrest, illegal detention and custodial torture from the year 1990 and being implicated in false cases but she has filed the petition in the year 2002 i.e. almost after fourteen years and, therefore, the petition deserves to be dismissed merely on the ground of delay and laches.
Held, that petitioner’s grievance relates to violation of her fundamental and human rights and so also being prosecuted in violation of the provisions of the Juvenile Justice Act in force at the relevant time and has suffered atrocities, being a tribal, for which even provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 stands attracted. Petitioner had no access to justice though she suffered flagrant violation of her fundamental rights under Articles 21 and 22 of the Constitution of India and human rights. It is now well settled that right to legal aid to such person is part of right to life and liberty as enshrined in Article 21 of the Constitution of India. Therefore, it does not lie in the mouth of the State, who is supposed to protect the fundamental and human rights of a citizen to take ground of delay and laches for dismissing the petition. 2003 (5) Mh LJ 820 and 2004 (4) Mh LJ 725 Relied on.
CONSTITUTION OF INDIA, 1950 - Articles 21 and 22 Juvenile Justice Act (53 of 1986) Juvenile Justice (Care and Protection of Children) Act, 2000 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989), Section 3(2)(i), (ii), (vii) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 12(4) Compensation to the victim of atrocities committed by Police in flagrant violation of fundamental rights and human rights of the victim Arrest and illegal detention of a poor helpless tribal girl of 13 years age She was continuously tortured in most inhuman manner Petitioner entitled to reasonable compensation of Rs. 5,00,000/-.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(i), (ii), (vii) and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 12(4) - See Constitution of India, Articles 21 and 22 - Juvenile Justice Act (53 of 1986) and Juvenile Justice (Care and Protection of Children) Act, 2000.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 - Rule 12(4) - See Constitution of India, Articles 21 and 22 - Juvenile Justice Act (53 of 1986), Juvenile Justice (Care and Protection of Children) Act, 2000 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989), Section 3(2)(i), (ii) and (vii).
J. N. PATEL, J.
( 1 ) THE petitioner has approached this Court seeking compensation from the respondents and officials in the police department by invoking its extraordinary jurisdiction under Articles 226 and 227 of the constitution of India to issue appropriate writ, order or direction for conducting an inquiry against the erring Police Officers and specifically against respondent no. 4-Shri A. B. Chavan, Police Officer, Arjuni (Mor) and Shri Suryavanshi, police Officer Chichgarh, Tq. Deori and others, including the State for her wrongful detention in police custody, false implication in serious offences, custodial torture and for violation of her fundamental and human rights including the protection for which the petitioner was entitled to under the Juvenile Justice act, 1986, Juvenile Justice (Care and Protection of Children) Act, 2000 and the scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioner further claims compensation for violation of her fundamental and human rights in the sum of Rs. 10,00,000/- with costs.
( 2 ) IT is the case of the petitioner that she is tribal belonging to caste Gond and resident of Arjuni (Mor) in Gondia District and that they come from a very poor family. According to the petitioner, she was born on 15-4-1977 and was a minor and also juvenile at the time she was arrested, wrongfully detained and tortured in police custody and thereafter falsely implicated in three cases on serious charges including the TADA (P) Act, 1987.
( 3 ) THE case of the petitioner is that some time in the year 1990 while petitioner was studying in 5th standard and was hardly 13 years of age, P. S. O. A. B. Chavan (since deceased), who was at the relevant time attached to Police station Arjuni (Mor) visited the petitioners house at 12 Oclock at mid-night along with other police constables and brutally assaulted the petitioner and her mother and took away the petitioner to the Police Station without there being any lady constable. At the Police Station, the petitioner was severely beaten thereafter she was dumped in a Police van and taken to the dense forest of Keshori at 1 a. m. and hanged to a tree by tying her both hands upwards and then was beaten by belt till the petitioner lost her consciousness. The petitioner regained consciousness and found that she was in hospital from where she was again taken to the Police station and illegally detained during which period she was tortured by police officers, who used to beat her with their boots and she was forced to take whatever meal supplied to her by spreading it on the floor and when she resisted such inhuman treatment, she had to bear beatings by kicks and other means for which the petitioner primarily holds P. S. O.-A. B. Chavan responsible along with other police officials. It is the case of the petitioner that though there were lady constables but they were helpless and could not do anything except for sympathizing with her. It is the case of the petitioner that the police merely on the basis of suspicion that the petitioner was working with Naxalites have wrongfully detained her and tortured her in police custody in order to extort information about the Naxalites.
( 4 ) THOUGH the petitioner repeatedly informed them even told them that she is not at all concerned with any Naxalites and that she is innocent, she was not released and continued to be tortured in cruel and inhuman manner in police custody.
( 5 ) IT is the case of the petitioner that from time to time she was moved from one police lock-up to another and was treated with utmost cruelty and inflicted acts insulting to woman in the police station. The petitioner was kept in lock-up at Police Stations Arjuni (Mor), Chichgarh and then Deori. Along with petitioner there were four other girls who were also treated with cruelty and tortured on the basis of similar allegations that they were associates of Naxalites. It is the case of the petitioner that as she was
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