Allowed

Sushanta Kumura v. State of Odisha

Orissa HC7 Aug 2019CRLMP/969/2019

Case brief

AI extract

What is this about?

In this contempt petition regarding alleged inaction in an SC/ST atrocity investigation and lack of protection for the petitioner's family, the Court directed police to complete the investigation within six weeks and granted liberty to approach the Witness Protection Committee for security measures.

What did the court decide?

Directed police to complete investigation within six weeks; granted liberty to approach Witness Protection Committee for family protection.

Sushanta Kumura Vs State of Odisha — Caste Atrocities | Orissa HC (2019)

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CRLMP No.969 of 2019

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02. 07.08.2019

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Heard Mr. Behera, learned counsel for the petitioner and Mr. Dash, learned Additional Standing Counsel.

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According to Mr. Behera, the grievance of the petitioner in this case relates to the manner in which investigation is being carried on in connection with Larambha P.S. Case No.48 dated 02.07.2019 though the same has been registered under Section 3(1)(r) & (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 along with other provisions of the I.P.C. In this context, learned counsel for the petitioner specifically draws the attention of this Court to Sub-Rule 2 of Rule 7 of the S.C. & S.T. (Prevention of Atrocities), Rules, 1995 and submits that the investigating authorities are required to complete the investigation on top priority basis within the time period indicated therein. He further submits that the grievance of the petitioner in this case also relates to inaction of the police authorities in providing protection to his family, who according to him are under constant threat from the accused persons.

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In reply, Mr. Dash fairly submits that the investigating authorities are duty bound to act upon as per the above provision of the law to complete the investigation once a case is registered under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. With regard to the prayer of the petitioner for providing protection to his family, he submits that for such purpose, the petitioner should have approached the Competent Authority/Standing Committee as constituted under the Witness Protection Scheme, 2019 instead of rushing to this court.

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With regard to grievance for inaction in providing protection, learned counsel for the petitioner submits that liberty be granted to the petitioner to approach the Competent Authority/Standing Committee as constituted

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Prasant

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under Witness Protection Scheme, 2019.

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Considering all such submissions and without expressing any opinion on the merits of the case, with regard to the first grievance of the petitioner, this Court directs the opposite party Nos. 3 & 4 to take all effective steps to complete the investigation in connection with the above noted Larambha P.S. case within a period of six weeks from the date of production of certified copy of this order in accordance with law, if there is no other impediment. With regard to the second grievance of the petitioner, the petitioner is granted liberty to approach the Competent Authority/Standing Committee as constituted under the Witness Protection Scheme, 2019 for the purpose of getting protection for him and his family members. This Court hopes and trusts that in case such a motion is made before the Competent Authority/Standing Committee, appropriate order would be passed keeping in mind the provisions of Witness Protection Scheme, 2019.

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Accordingly, this CRLMP is disposed of.

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Urgent certified copy of this order be granted on proper application.

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…..………………………. Biswajit Mohanty, J.

Sushanta Kumura v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sushanta Kumura v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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