The Allahabad High Court while dealing with a petition concerning the death of a man who set himself on fire after his land was ‘unauthorizedly’ occupied by police persons in connivance with the revenue officials, has asked the UP Government for names of senior police officers for constitution of a Special Investigation Team (SIT).
The Division Bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari passed this order while hearing a petition filed by Kushma.
The petition is filed by the petitioner for the following relief:-
“i. Issue a writ order or direction in the nature of mandamus thereby commanding the opposite party No 2 to transfer the investigation from Police Station-Gandas Bujurg, District-Balrampur to another Police Station or independent investigating agency like CBI etc for fair and proper investigation in Fir u/s 447, 120B, 306 IPC & 3(2)(V) SC/ST Act Police Station-Gandas Bujurg, District-Balrampur.
ii. Issue a writ, order or direction in the nature of Mandamus there by commanding to the opposite party No 2 and 3 to conduct the investigation in a fair and proper manner and take the necessary action against the opposite party No 4 to 10.”
The allegations in the petition are that land of Sri Ram Bujharat was unauthorizedly occupied by police persons in connivance with the revenue officials for the purposes of building residential accommodation of Police Station, Gaindas Bujurg. He tried his best to lodge the complaint for proper action but no action was taken and in the given circumstances, Sri Ram Bujharat set himself on fire on 24.10.2023 in front of the Police Station Gaindas Bujurg, District Balrampur.
Thereafter Sri Ram Bujharat remained in hospital under treatment and expired on 30.10.2023. Though, the police itself was expected to lodge F.I.R, as it was an unnatural death, but, no action was taken and therefore an application under Section 156(3) Cr.P.C was filed on 22.11.2023 before the Chief Judicial Magistrate, Balrampur for lodging of FIR.
The said application also remained pending for long and therefore, a Criminal Misc Writ petition was filed before the Court and on 11.01.2024 the Court directed the C.J.M Balrampur to decide the aforesaid application within the next two months.
In furtherance thereto, the C.J.M passed the order on 01.03.2024 and F.I.R was lodged on 17.03.2024. It appears that the investigation was not being conducted properly by the C.O Utraula who was the initial Investigating Officer and, thus, the petition was filed. Thereafter by an order dated 15.04.2024 the investigation was transferred to C.O Kaiserganj, Bahraich.
Counsel for the petitioner submitted that allegations are against revenue and police officials and therefore the police is purposefully not investigating the matter properly. Though, the incident occurred on 24.10.2023 but till date no effective investigation has taken place.
Even now, in a short counter affidavit filed today, the sole annexure field is, a letter dated 28.05.2024, sent to the hospital concerned where the victim Ram Bujharat was admitted, to provide his record. It shows that the police are not taking any steps to conduct a fair and proper investigation in the matter.
It is further stated that though the victim remained alive for nearly six days, there is no reference of recording of any dying declaration of the victim. Therefore, the prayer in the given circumstances is that a fair and proper investigation is not possible in the manner in which it is being conducted at present.
At this stage, the Government Advocate submitted that police is making its best effort to make a fair and proper investigation and it has no personal interest in the matter. Further the State is open to investigate the matter under the supervision of appropriate administrative authority including senior police officers and it also desires that the matter should be investigated properly.
The Court is not satisfied with the manner in which investigation is ignored in the matter.
Government Advocate states that at present General Elections of Lok Sabha, 2024 is going on, result of which would be declared on 04.06.2024. Therefore, he prays that sufficient time may be granted for the constitution of SIT.
In the given circumstances, the Court directed the Additional Chief Secretary (Home), Government of U.P to suggest the names of senior police officers for constitution of SIT having adequate expertise in such matters for investigation in the matter including the name of one officer not below the rank of Inspector General of Police who will be heading the said SIT on or before 12.06.2024 and communicate to the Court.
The Court has fixed the next hearing of the petition on 12.06.2024.