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2018 Supreme(Jhk) 1669
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, J.
Jawahar Yadav, S/o Devlal Yadav - Petitioner
Versus
The State of Jharkhand & Ors. - Respondents
W.P. (Cr.) No. 312 of 2016
Decided On : 22-10-2018
For the Petitioner:Mr. R.S. Mazumdar, Sr. Advocate
For the Respondent:Mr. Rajiv Ranjan, Sr. Advocate
Headnote:
Indian Penal Code - Sections 147, 148, 149, 353 and 307 - Criminal Law Amendment Act - Section 17 – Claim of compensation – Jurisdiction - In a case of this magnitude where persons were killed least one would have expected was a fast paced no frills investigation by police - District police investigated from and thereafter it was CID which took up investigation - Same also proceeded at a snail’s pace - Pace picked up once started supervising investigation and in a meeting held gave various directions which would indicate that investigation was finally proceeding in a right direction but his transfer to New Delhi raised obvious questions - Infect an intervention application was filed which was disposed of with certain directions - This Court is aware that for administrative reasons a person can be transferred but timing of transfer of can lead to various conclusion - National Human Rights Commission had also doubted the investigation by the police as well as the CID as the DGP, Jharkhand was directed to take suitable action against the I.Os concerned, supervising officers of the police and CB/CID who have failed to properly investigate such a major case - Entire sequence of events narrated above raises more questions than it answers regarding the investigation. Prima facie, it appears to be an attempt to camouflage the actual incident by adopting dilatory methods and conducting a perfunctory investigation - Since the investigation by the police was not making much headway and perhaps to restore sanity the investigation was handed over to the CID, which is another investigating wing of the State Government. The subject matter of involves the liquidation of 12 persons dubbed extremists through an encounter by the police as claimed by the investigating agency and disbelieved by many as a cover up to the acts of JJMP and to glorify the so called police action. Dissenting voices have emanated in the form of the then DIG and officer in charge of who have convincingly doubted the story planted by the police. This case is one of the most highlighted and controversial cases in the State of Jharkhand. The public confidence has been shaken and eroded on the consequential ramifications of the so called encounter - Public confidence cannot be instilled if the State agencies continue to investigate when the needle of suspicion points to the police force itself. - Superintendent of Police was given information about the firing and request was made to send extra forces. After sometime the Inspector General of Police Superintendent of Police and Commandant of C.R.P.F.-134 Battalion reached the place of occurrence. It has been alleged that subsequently the firing stopped and on search being conducted some injured persons who were found at the place of occurrence were sent to the hospital and since there was no movement, it was presumed that the occupants’ of the Scorpio vehicle were dead - Inquest was conducted in the next morning in presence of Circle seizure lists were also duly prepared - Sections 25,26, 27 and 35 - Indian Penal Code sections 147, 148, 149, 353 and 307 – Appeal Disposed of
Heard the parties.
2. This writ application has been preferred by the petitioner for the following relief’s:-
(i) For transfer of the investigation of Sadar (Satbarwa) P.S. Case No. 349 of 2015, corresponding to G.R. No. 1118 of 2015 registered under sections 147, 148, 149, 353 and 307 of the Indian Penal Code, Sections 25(1-b)A, 26, 27 and 35 of the Arms Act, under section 4 and 5 of the Explosive Substances Act and Section 17 of the Criminal Law Amendment Act, presently pending before the learned Chief Judicial Magistrate, Palamau at Daltonganj, to the Central Bureau of Investigation(CBI) in which 12 persons were shown or claimed to have been killed in a police encounter;
(ii) If the Hon’ble Court desires so, instead of handing over the matter to the Central Bureau of Investigation, it may constitute a SIT headed by the Retd. Judge of the Hon’ble High Court and comprising of such officers of Jharkhand State, who have worked in the CBI or NIA in the past and have requisite experience to handle the investigation of complicated cases, to cause a detailed investigation of the said case and the investigation of the said SIT may be monitored by the Hon’ble High Court;
(iii) For any other suitable relief’s to which the petitioner may be found entitled to in the eyes of law.
3. The facts of the case as narrated by the petitioner is that the son of the petitioner namely Uday Yadav was a para teacher in a school in Nevar village at Latehar. It has been stated that on 8/9th June, 2015 the son of the petitioner along with other relatives were sleeping on the roof of the house when at about 10.00 P.M. they were forcibly taken away by some persons on motorcycles. It has been alleged that on 10.6.2015, the petitioner and others could come to know that his son UdayYadav, his relative Neeraj Yadav along with 10 other persons were killed by a banned organization referred to as Jharkhand Jan Mukti Parishad ( J.J.M.P in short). It has been stated that the police and the C.R.P.F. had highlighted the incident as an encounter although the son of the petitioner and Neeraj Yadav were never concerned with any Maoist activities. Representations were given by the daughter in law of the petitioner to the Chief Secretary/Home Secretary/D.G.P. for proper investigation into the case but the entire episode was passed off as an encounter.
4. In order to appreciate the rival contentions, it would be necessary at the first instance to refer to the contents of the First Information Report which led to institution of Sadar (Satbarwa) P.S. Case No. 349/2015.
5. The First Information Report was instituted on the self statement of Mohammed Rustam, Sub Inspector of Police in which it was stated that on 8.6.2015 at about 9.40 P.M. an information was received that a group of Maoists were intending to cross the Manika Satbarwa border. On receiving such information a station diary entry was made and thereafter the police personnel along with C.R.P.F. personnel left for the said place. It has been stated that when they reached the metalled road in village- Bhalwari situated in N.H. 75 they found the personnel of Cobra Battalion 209 already present. A joint inspection of the vehicles started and some personnel of the Cobra Battalion were placed in strategic positions and some police personnel were placed in the unmettaled road near Jumrati Mian’s Crusher Plant. It has been alleged that at about 11:00P.M. a white coloured Scorpio came speedily and on being asked to stop some of the persons came out from the vehicle and fled away. On finding an opportunity the Scorpio vehicle went towards Sarbarwa. The escapade of the Scorpio was informed to the concerned Police Station through wireless message. It has also been alleged that the police party had followed the Scorpio. Subsequently, a silver coloured Scorpio came and on seeing the police party went towards the unmettaled road and when the personnel of the Cobra Battalion ordered the driver of the vehicle to stop, the occupant
