Dismissed

Meena Bai Shrivas v. Union of India

Chhattisgarh HC24 Jul 2024WA/267/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed an appeal against the dismissal of a writ petition filed by the wife of a deceased villager. The court upheld the finding that there was no evidence linking the death to alleged CRPF assault due to lack of post-mortem report, medical treatment records, or contemporaneous complaints. The appeal filed for inquiry and compensation was dismissed.

What did the court decide?

The appeal was dismissed, and the order passed in the writ petition upholding dismissal was upheld.

Meena Bai Shrivas Vs Union of India — Constitutional and Fundamental Rights | Chhattisgarh HC (2024)

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2024:CGHC:27087-DB

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WA No. 267 of 2020

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Meena Bai Shrivas W/o Late Shri Kishan Lala Shrivas AgedAbout 47 Years R/o Halami Munjmeta, District : Bastar(Jagdalpur), Chhattisgarh

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... Appellant

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versus

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Union Of India Ministry Of Home Affairs, Government Of India, New Delhi., District : New Delhi, Delhi

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State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh, Department Of Home Affairs, Dks Bhawan, Mantralaya, District : Raipur, Chhattisgarh 3. The Director General Of Police Governemt Of Chhattisgarh, District : Raipur, Chhattisgarh

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The Inspector General Of Police Bastar Range, District : Bastar(Jagdalpur),Chhattisgarh

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The Superintendent Of Police Bastar, District Bastar, Chhattisgarh

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The Superintendent Of Police, Police District Bastar, Bastar,Chhattisgarh 7. The Station House Officer Police Station Narainpur, Police District Narainpur, Revenue District Bastar, Chhattisgarh 8. Chief Commandant C.R.P.F. Bastar, Chhattisgarh

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District Commandant C.R.P.F. Bastar, Chhattisgarh.

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... Respondents

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(Cause-title taken from Case Information System)

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For Appellant : Ms Surya Kawalkar Dangi, Advocate For Respondents/State : Shri RS Marhas, Additional Advocate General For Respondents1, 8 and 9 : Shri Tushar Dhar Diwan, Advocate

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Hon'ble Shri Ramesh Sinha, Chief Justice

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Hon'ble Shri Justice Ravindra Kumar Agrawal

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Judgment on Board

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Per Ramesh Sinha, Chief Justice 25.07.2024

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This Appeal has been filed by the petitioner /appellant against the order dated 23.10.2019, passed in the Writ Petition-2679 of 2007, whereby the Writ Petition filed by the petitioner has been dismissed.

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Brief facts of the case are that an incident of explosion and crossfiring took place in the badly hit sensitive area of Bastar, on 27.07.2006, in which one Nand Kishore was killed and his younger brother Duryodhan was injured. Offence was registers under Sections 147, 148, 149 and 307, as also offence under the Arms Act was registers against the named and un-named Naxalites. As an aftermath of the incident, some of the villagers, including appellant’s husband namely, Kishanlal Srivas were caught hold by the CRPF Police, who tied up the hands & legs of the villagers, and were beaten up badly, alleging that despite they knowing about the explosion, they knowing well about the explosion, did not inform the Police. CRPF Police, after beating the villagers, including Kishanlal Srivas, released them. Though he was released from the Police, he did not go to the Hospital for treatment of the injuries he suffered but remained at home due to fear of the CRPF Police. A nurse from the Government Hospital was called to provide the treatment. Kishanlal Srivas was treated for about 9 days at home, and he finally succumbed to the injuries on 05.08.2006. Appellant and the villagers tried their best to lodge FIR against the CRPF Men, but no report was recorded. Aggrieved by the inaction of the State authorities, village men , including the Public

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Representative of the village filed a written report before the Superintendent of Police but no action was taken. Thereafter, an NGO named Forum for Fact-finding and Documentation and Advocacy, came in the village, conducted an enquiry, and prepared a report, by which the appellant approached this Court by filing a writ petition, which was dismissed by the learned Single Judge, without appreciating the observations recorded by the District judge, Jagdalpur, and also on the ground that no prima facie evidence or eye-witness is available that the deceased was killed by the CRPF Police. Hence this appeal by the aggrieved petitioner/appellant, wife of the deceasedKishanlal Srivas.

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Appellant prays for the following reliefs:

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(i) That, the Hon’ble Court be pleased to call for the record of WPC-2697 of 2007 and peruse the same.

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(ii) That, the Hon’ble Court be pleased to set aside the impugned order dated 23.10.2019 passed in WPC-2697/2007 (Annexure A/1)

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(iii) That, the Hon’ble court may be pleased by issuing writ in the nature of mandamus to conduct an inquiry by an independent agency ie CBI against the Police officers, in the allegation made by the petitioner. This Hon’ble Court be further pleased to direct the concerned authorities to register offences of murder against the guilty CRPF personnel.

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(iv) It is prayed that this Hon’ble Court be pleased to direct by issuing a writ in the nature of mandamus to the respondent authorities to pay compensation to the petitioner amounting to rupees 10,00,000/- (Rs Ten Lakhs Only)

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(v) That, the Hon’ble Court be pleased to grant any other relief deem fit in the interest of justice.

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Learned counsel for the appellant would argue that serious prejudice is caused to the appellant, and her statements are not relied upon, as there is no eye-witness to the incident and evidence. In the order impugned learned Single Judge has failed to appreciate the Judicial Enquiry Report dated 21.09.2007 submitted by the learned District Judge, Bastar, and not relied upon the statements of present appellant, and no investigation thereof was initiated. The circumstances in toto show the guilt of the CRPF personnel, who are harassing the locals. Appellant is an illiterate woman and not aware of the procedures of the law, therefore, she could not get the post-mortem examination of deceased-Kishanlal Srivas. In a sensitive area, allegations of assault, beating and atrocities, excesses by the Security forces, who are responsible members of security and whose naive/actual duty is to safeguard the innocent people in irritable areas, could not be brushed aside, only on the ground that there was no reliable evidence or report regarding death of the deceased. Even if there is no specific material for the injuries found on the body of deceased are by the CRPF Police, or he died due to the injuries, there is substantial evidence to show that deceased was beaten up by the CRPF Police after the incident of encounter of forces with naxalites on 27.07.2006, which was reiterated by the appellant herein. Hence it is implored that proper direction be issued for conducting an inquiry by an independent agency against the Police Officers, in the allegation of the appellant; to direct the concerned authorities to register offences of

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murder against the guilty CRPF Personnel; also to direct the authorities to pay compensation to the appellant, as she prayed for.

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On the other hand, learned counsel for the Union of India/respondent-1 would submit that on 27.07.2006, when the party of E/43 Bn, CRPF along with the State Police were in search operation, they were ambushed by the Naxalites, with three IED blasts, followed by heavy firing with automatic and semi-automatic weapons, immediately, the CRPF Personnel and the State Police took decision and started firing with their weapons, and exchange of fire continued for almost one hour, and with the effective retaliation by the Security forces, the Naxalites fled away from the spot. On receiving the information of the incident, Additional Superintendent of Police-Bastar, Second-in-Command-43 Bn, CRPF, Dy Commandant, and other Officers rushed to the spot with anti-landmine vehicles. They found certain people, including one child, aged about 9 years suffering from bullet injury, and they provided medical treatment to them. Near the Canal, they found dead-body of Nand Kishore. Various arms, automatic and non-automatic arms, and bombs have been seized from there. After about 9 days of the said incident, husband of the appellant, namely, Kishanlal Srivas has expired due to Malaria but the wife of the deceased blamed that her husband-Kishanlal Srivas died due to the merciless beating done by the CRPF Personel, and filed the present Writ Petition for compensation. He would further submit that considering the overall facts and circumstances of the case, as also the report submitted by the District and Session Judge with respect to the judicial inquiry, learned Single Judge has dismissed the writ petition filed by the petitioner/appellant herein, by holding that the husband of

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the petitioner was not found subjected to any atrocity by the CRPF personnel, and therefore, no relief can be granted to her.

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Learned counsel for the State has also opposed the submission of learned counsel for the appellant, and would submit that husband of the petitioner has died due to Malaria, followed by other ailments, and not by any atrocity committed by the CRPF personnel or by the local Police. He would also submit about the ambush, cross-firing and seizure of huge arms and bombs from the spot. The line of argument advanced by the State is also in the same footing as learned counsel for the Union of India has argued. He would further submit that ambush and cross-firing was held on 27.07.2006, whereas, the husband of the appellant has died on 05.08.2006, i.e. after about 9 days of the alleged ambush and cross-firing. There is no evidence that husband of the appellant obtained medical treatment from any hospital, even he has not made any complaint to any of the Police party regarding the assault made by the CRPF, or by the local Police. Further, post-mortem of the dead-body of the deceased has also not been conducted, and in absence of any evidence with respect to the fact that husband of the petitioner has died due to injuries caused by the atrocities and torture of CRPF personnel, she cannot be awarded compensation for causing his death. It was an unfortunate incident, that husband of the appellant has died due to Malaria, and its co-related ailments. Therefore, the appellant is not entitled for any relief as she prayed for.

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We have learned counsel for the parties, and have gone through the documents annexed with the appeal, as well as the writ petition.

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Admittedly, no post-mortem of dead-body of the deceased Kishanlal Srivas was conducted, and even there is no document of his medical treatment on record. Further, there is no document as to whether the appellant, or her husband made any complaint to any of the authorities about the alleged assault made by the CRPF, or local Police Personnel.

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Learned Single Judge has considered the enquiry report, which has been filed by the Inspector General of Police, Bastar Range, Jagdalpur (document A in writ petition), other report of the Commandant of CRPF (document B in writ petition), and also judicial enquiry report submitted by the District and Sessions Judge, Jagdalpur. After considering these enquiry reports, learned Single Judge has concluded that there is no prima facie material to show that husband of the petitioner- Kishanlal Srivas has died because of the injuries sustained due to the alleged assault made by the CRPF personnel. Even though certain oral statements have been made by the witnesses that they had seen the alleged assault to the deceased, made by the CRPF personnel, but in absence of any medical examination, or any postmortem report, their oral statement cannot be considered to be sufficient to hold that the deceased was being beaten brutally by the CRPC personnel. Even the witnesses who have allegedly seen the assault made by the CRPF personnel, none of the villagers, including the appellant herself, approached any of the authorities to lodge any complaint, till the death of Kishanlal Srivas.

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Considering on the two enquiry reports, one of which has been filed by the IG Police, and the other by the Commandant, CRPF,

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followed by the judicial enquiry conducted by the District and Sessions Judge, Jagadalpur, learned Single Judge has not found any support with the appellant’s allegation that her husband was beaten brutally by the CRPF Personnel, who received severe injuries, which resulted into his death.

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From perusal of material produced by the parties, we do not find any good ground to disagree the findings of learned Single Judge, and to allow this appeal. The appellant could not make out any good ground to set aside the impugned order in the writ petition, and to grant relief to the appellant, as she prayed for.

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In the result, the writ appeal fails, and it is hereby dismissed.

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Sd/- Sd/Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice

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padma

Meena Bai Shrivas v. Union of India

Case brief

What is this about?

What did the court decide?

Meena Bai Shrivas v. Union of India

Case brief

What is this about?

What did the court decide?

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