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2023 Supreme(Gau) 717
THE GAUHATI HIGH COURT, (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN, JJ.
Shri Bipul Dey, S/o. Bakul Dey - Petitioner
Versus
Union of India, Represented by Secretary, Ministry of Women and Child Development and Ors. - Respondents
WP(C) No. 2359 Of 2019
Decided On : 20-07-2023
For the Petitioner: Mr. P.K. Roy, Mr. S.K. Chakraborty, Ms. A. Chakraborty, Ms. M. Dutta.
For the Respondents: Mr. R.K.D. Choudhury.
The main legal point established in the judgment is the right of the petitioner to have the circumstances of his son's death thoroughly investigated, which was upheld by directing the NCPCR to conduct an inquiry.
Headnote:
Missing - Child Rights - [Railway Protection Force Act, 1957 - Section 5(1), Section 5(2), Section 6] - The court discussed the circumstances of the missing child and the subsequent events, including the communication from the Assam State Commission for Protection of Child Rights (ASCPCR) to the National Commission for Protection of Child Rights (NCPCR) regarding the suspicious death of the child. The court directed the NCPCR to conduct an inquiry into the death of the child and provide a report to the petitioner.
Fact of the Case:
The petitioner's son went missing and was later found in a terrified state at a railway station. Subsequently, the petitioner received a call informing him that his son had died after trying to board a moving train. The Assam State Commission for Protection of Child Rights (ASCPCR) raised concerns about the circumstances of the death and recommended further investigation. The matter was referred to the National Commission for Protection of Child Rights (NCPCR) for inquiry.
Finding of the Court:
The court found that the circumstances surrounding the death of the petitioner's son required further investigation, which the ASCPCR was unable to carry out due to jurisdictional issues. The court directed the NCPCR to conduct an inquiry into the death of the child and provide a report to the petitioner.
Issues: The main issue was the suspicious death of the petitioner's son and the need for further investigation into the circumstances of the death.
Ratio Decidendi: The court held that the petitioner had a legal right to have the process initiated by the ASCPCR on the cause and circumstance of the death of his son to be brought to its logical end, which could be achieved by the NCPCR conducting an inquiry.
Final Decision: The court directed the NCPCR to take note of the communication from the ASCPCR and conduct an inquiry into the death of the petitioner's son at the Piperia Railway Station in the State of Madhya Pradesh. The NCPCR was further directed to provide a report of the inquiry to the petitioner.
JUDGMENT :
(Achintya Malla Bujor Barua, J.)
Heard Mr. P.K. Roy, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Dy.S.G.I. appearing for the respondent Union of India including the respondent No.2, namely, the National Commission for Protection of Child Rights.
2. The son of the petitioner, namely, Biswajit Dey left his house on 19.10.2014 by intimating the petitioner that he was going to the Paltanbazar area in Guwahati for purchasing a mobile handset and he took a sum of Rs.2,000/- for the purpose from the petitioner saying that he will return back soon. But as it happened Biswajit Dey did not return back to his house. When Biswajit Dey did not return on 19.10.2014 and 20.10.2014, the petitioner lodged an FIR before the local police station regarding the missing of Biswajit Dey. On 21.10.2014 the petitioner received a phone call at about 5 a.m. from an unknown number when the caller identified himself to be a Railway Protection Force staff member of Piperia Railway Station in the State of Madhya Pradesh and the caller intimated the petitioner that he had recovered the son of the petitioner on being handed over by the guard of Lokmanya Tilak Express, which was travelling from Guwahati to Mumbai. As the petitioner was astonished as to how his son could have reached the Piperia Railway Station, he requested the caller to allow him to talk with his son and when the petitioner talked with his son on the cell phone of the unknown caller, the petitioner could realise that his son was in a terrified state of mind and he was saying that they are all involved and to please come over and take him back or else after crossing border the persons may kill him. The aforesaid circumstance and the subsequent circumstances are stated in detail in paragraph 5 of the writ petition, which is extracted hereinbelow:-
“5) That, on that day itself i.e. on 21.10.2014 at about 5 AM or so, petitioner received a phone call from one unknown number. The caller identified himself as RPF Staff member of Piperia Railway Station and intimated the petitioner that he recovered the son of the petitioner, on being handed over to him (the caller) by the Guard of ‘Lokmanya Tilak Express’ bound for Mumbai from Guwahati. The caller also intimated the petitioner that his son late Biswajit Dey was recovered in a subconscious state. The petitioner being astonished as to how his son could get there, requested the caller to let him talk to his son. When the petitioner talked to his son on the cell phone of the unknown caller, the petitioner found his son in a terrified state of mind and he was saying only one thing that “they are all involved, please come and take me or else they will cross me the border today or kill me.” The petitioner was surprived to hear all these statements of his son. The petitioner, to know the whereabouts of his son, was already in the Guwahati Railway Station at that point of time and therefore promptly went to the office of the RPF Post, Guwahati Railway Station and he requested the officer present in the said post of RPF, Guwahati to talk with his counterpart at Piperia and accordingly the officer talked from the cell phone of the petitioner (No.9752449403) with his counter-part at Piperia railway station, where the son of the petitioner was at that relevant point of time. The officer of RPF Guwahati consoled the petitioner that since the son of the petitioner has been recovered by RPF of Piperia Railway Station, there was nothing to worry and the petitioner was asked to go to Piperia and get his son without wasting time. The petitioner requested the RPF officer at Piperia over his telephone to take proper care of his son and do all needful till his arrival at Piperia to take back his son. Accordingly, the petitioner managed two tickets for Piperia in the next available train from Guwahati. The petitioner and his brother boarded the train for Piperia. In between all these time, the petitioner received few phone calls
