B. Xess @ Balaru Xess @ Belarus Khess vs The State of Jharkhand

H.C. Mishra

Heard learned counsel for the petitioner and learned S.C.-II for the Prosecution.

Petitioner has been made accused for the offence under Sections 147, 148, 149, 341, 323, 307, 452, 324, 427, 302 of the Indian Penal Code and Section 27 of the Arms Act, in connection with Baghmara (Madhuban) P.S. Case No. 73 of 1992, corresponding to G.R. No. 810 of 1992.

This case depicts the very sad and sordid manner in which investigating agency is proceeding in the case. The occurrence had taken place in the year 1992, wherein, on a trifling issue, C.I.S.F. personnel had ransacked the houses of the villagers, made indiscriminate firing and assaulted the villagers. There is specific allegation against this petitioner also to have made the firing and injuring a lady in the incident. It appears that one person had died in the firings made by the C.I.S.F. personnel.

The case is still under investigation since the year 1992 itself. Not a single accused had been arrested so far, except the petitioner, though all the accused persons are the C.I.S.F. personnel and perhaps are serving on duty. Only in the month of October, 2011, this petitioner has been arrested by the Police.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case, on the date of occurrence the petitioner was not present there and in the case dairy, there is no injury report of anyone, who is alleged to be assaulted by this petitioner.

The submission of the learned counsel itself shows the manner in which the case is being investigated by the police since the year 1992 itself, as even the injury report is not available in the case dairy.

In the facts of this case I am not inclined to release the petitioner B. Xess @ Balaru Xess @ Belarus Khess, who had been absconding since the year 1992, being a member of the Armed Force of the Government. Accordingly, the prayer for bail is rejected.

Taking into consideration the sad and sordid manner in which investigation of the case is being done and the manner in which the Human Rights of the innocent villagers have been grossly violated by the members of Armed Force of the Government, I think it proper that the matter should be brought to the notice of the concerned Officials.

Let a copy of this order be sent to the Chief Secretary, Government of Jharkhand, Ranchi, who shall place the matter before the State Government for consideration as to whether this case, in which the Human Rights of the innocent villagers have been grossly violated by the C.I.S.F. personnel, the State Government would like to proceed with the investigation in the same manner in which it is going on, or it would like to take appropriate steps for entrusting the case to any other competent Agency for bringing the accused persons to book without any further delay.

As this case also depicts serious violation of Human Rights of the Citizens of India, let the copies of this order be also sent to the Chairman, National Human Rights Commission, New Delhi, as also to the Chairman, State Human Rights Commission, Jharkhand, Ranchi for the needful in the matter at their end.

Let a copy of this order be also sent to the Member Secretary, JHALSA, Ranchi, who shall place the matter before the State Legal Services Authority for taking appropriate decision as to whether in the facts of this case, it is a fit case for providing legal assistance to the victims in getting Justice as also due compensation for gross violation of their Human Rights, if any.