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Judgment
Instant proceeding has been taken up on a telegram to this Court by the petitioner, who has alleged that his wife - Mry Moa met a violent death while in judicial custody. Treating the telegram as a petition under Article 226 of the Constitution of India, the Court directed for enquiry by the C.B.C.I.D. and pursuant to the directions of the Court, the Additional Director General of Police, C.I.D., Andhra Pradesh got the enquiry conducted by Shri M. Lakshminarayana, IPS., Inspector General of Police, C.I.D., Hyderabad, who has reported, inter alia, as follows :
"To sum up, there is ample evidence to show that the Excise Police criminally trespassed into the house of the deceased though it is not lying in their jurisdiction, picked up her from her house while beating her with sticks and hands and coerced her to divulge the whereabouts of her husband. The injuries noticed on the person during the post mortem examination co-related to the above evidence. The deceased was not beaten either in the jeep during the journey or at the Excise Police Station. The deceased and her cousin K. Nireekshana Rao were confined in illegal custody more than 24 hours.
The deceased and Kandiganti Nireekshana Rao belong to the community of Scheduled Caste. So foisting a case against them amounts to an offence u/s 3(VIII) of S.C. and S.T. (Prevention of Attrocities) Act, 1989.
All the Excise staff participated in the raid and assaulted the deceased will have a common liability for the offence committed by them in the absence of evidence as to their overt acts individually. All of them have also suppressed the evidence in shifting the scene of offence and showing a false seizure of I.D. arrack from the deceased and her cousin K. Nireekshana Rao in order to screen themselves from the offence committed.
The Excise staff not only committed offences of criminal trespass, assault, wrongful confinement, fabrication of false documents against the deceased but also against K. Nireekshana Rao.
The reason for not letting the lady despite repeated requests made by her husband itself prove that the Excise C.I. was apprehensive that in case she was let off, there is likelihood of the harijans taking the matter against him because of the injuries inflicted by them on her person were visible, otherwise the husband of the deceased very much approached the Excise C.I. and the Excise C.I. who went to the village only to catch him could have taken him into custody and foisted the same case against him instead of his wife. Why he has chosen to arrest the deceased will itself prove the guilt of Excise C.I. that they assaulted her and inflicted injuries.
Hence, all the Excise staff noted above are liable to be punished under Sections 448, 323, 324, 342, 192, 304 Part-I and 34 IPC r/w 3(VIII) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989."
The Inspector General requested to accord permission to entrust further investigation in the case to Shri P. J. S. Purushotham, Zonal Inspector, C.I.D., Vijayawada and to submit report u/s 173 of Criminal Procedure Code, 1973 before the proper Court for the alleged offences against the persons, who according to the investigation, are responsible for the same. After hearing learned counsel for the petitioner and learned Additional Advocate General, the Court accepted the above request and directed for further investigation and the submission of the report as above before the proper Court for the prosecution of the culprits, who according to the above report, are responsible for assaulting Mry Moa, foisting a false case upon her, detaining her illegally and suppressing the evidence by shifting the scene of offence and showing the false seizure of I.D. arrack from her and her cousin - K. Nireekshana Rao. The Court also directed for issuance of notices to the State of Andhra Pradesh, Department of Excise, represented by the Secretary, Excise and Prohibition; Shri Shaik Rahim Bag, Circle Inspector of Police, Excise and Prohibition, Avanigadda, Krishna District and Excise Station, Avanigadda to show cause why adequate compensation be not awarded to the heirs and legal representatives of the deceased Mry Moa. The above notices have been served and the matter was finally heard. Learned Additional Advocate General has informed the Court, in response to its directions, that except her husband - K. Sanjeeva Rao, Mry Moa has left no other heir or legal representative. If at all thus any compensation is required to be paid, that has to go to K. Sanjeeva Rao and none else.
The report submitted by the Inspector General of Police has revealed that all the Excise staff and Excise Police Station, Aganigadda indulged in illegal act of - (1) arresting Mry Moa for absolutely no offence by her; (2) by assaulting her indiscriminately; (3) by keeping her in illegal detention; and (4) by foisting a false case against her and suppressing the evidence of truth to screen themselves from the offences committed by them. All attempts to make men in uniform to respect law and to act within the bounds of law, to honour human rights of the common man and woman appeared to have gone overhead of persons who, in the name of discharge of their duty, have chosen to violate the laws, assaulted the person and liberty of Mry Moa. The case in hand is a glaring example of what is literally come to be recognised as police attrocities and resented all over the world. If India today with all its commitments to the protection of human rights is not able to stand by the international standards, it is because people like the Excise Circle Inspector and his men at Excise Police Station, Avanigadda did not care to follow the rules of law and instead of following the rule of law, committed such acts which are illegal as well as inhuman. Report of the Inspector General of Police is enough for a prima facie view that serious offences have been committed by the Excise Circle Inspector and his men and Mry Moa''s right of life and personal liberty have been violated by them as they have chosen to act outside of the law and without following the procedure established by law. Men in uniform are not immune of fundamental duties under Part IV-A of the Constitution of India, which in Article 51-A provides that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women. Nireekshana Rao who suffered the indignity of assault and illegal detention at the hands of the Excise Police men belongs to the community of Scheduled Caste and by foisting a case against him as well as his cousin Mry Moa, besides the assault upon her in violation of her right under Article 21 of the Constitution of India, Excise Police committed offence punishable u/s 3(VIII) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989. It is indeed awfully disturbing for any person, believing in the rule of law, that men at Excise Police Station, Avanigadda, who are deputed to enforce the law, are themselves violators of law and it shall embarrass any Government to have such persons manning a police station. After giving our anxious consideration to all relevant facts, we are satisfied that it is a fit case for a direction to the State Government to take suitable measures, including departmental proceedings, on the basis of the report of the Inspector General of Police, C.I.D. afore-mentioned against the Circle Inspector and other personnel attached to the Avanigadda Excise Police Station and forthwith withdraw them from the police station to deal with them suitably putting them off duty pending enquiry. The Circle Inspector has appeared and denied the allegations. Since we are not pronouncing him and other personnel attached to the said police station guilty and they shall have opportunity, in the event of a regular criminal trial and or a departmental enquiry, to defend themselves, we find no reason to hold otherwise than directing as above.
Any violence resulting in injury to person or property invites action in tort and for compensation as a common law right of every person who has suffered injury or the loss. In cases of such acts of violence by persons who are agents or servants of the Government, who represent the might of the sovereign, is actionable in public law for violation of the fundamental rights, such as the right under Article 21 of the Constitution of India. Mry Moa, if alive, and her legal heirs and representatives in her death, are entitled to such compensation. We, however, are reluctant to recognise entitlement for such compensation in her husband - K. Sanjeeva Rao, who, it seems, was wanted in connection with some offence and it appears because he was absconding or not traceable, Excise police men pounced upon his wife Mry Moa and committed and perpetrated atrocities and offences which must invite consequential legal action. Ordinarily, in such a case, we would have chosen to award exemplary and penal compensation. Since, however, K. Sanjeeva Rao does not appear to deserve, though he can easily be the recipient of the compensation, the benefit of the death of his wife, yet a token compensation, on the facts of this case, to him for the loss of his wife in the hope that he regrets the same, in our view, is warranted. K. Nireekshana Rao, however, appears to be the innocent victim and respondents must, for the violations of his fundamental right and the offences against him, compensate him and in his case exemplary compensation, which of course, is not highly disproportionate the loss or injury sustained by him is desirable. As a result of the above, we are inclined to direct for a token compensation to K. Sanjeeva Rao for the loss of his wife - Mry Moa by the State, subject to its right to recover the same from the servants who are responsible for the loss of life of Mry Moa, in a sum of Rs. 10,000/- only and to K. Nireekshana Rao for the injuries and illegal detention in a sum of Rs. 25,000/- only.
In the result, the application is allowed. Shri. P. J. S. Purushotham, Zonal Inspector, C.I.D., Vijayawada is directed to expedite the report u/s 173 of Criminal Procedure Code, 1973 and submit the same before the proper Court for the alleged offences by the Circle Inspector and other personnel attached to the Excise Police Station and others for the offence upon the person of Mry Moa and K. Nireekshana Rao and submit the same within a period of two months. The Secretary, Department of Excise and Prohibition, Government of the State of Andhra Pradesh is directed to initiate departmental proceeding against the Circle Inspector of Police, Excise and Prohibition, Avanigadda, Krishna District - Shri Shaik Rahim Baig and other personnel attached to the Excise Police Station. Avanigadda within a period of two months, expedite the same and to complete the same within a period of two months of the initiation of the enquiry. Pending Departmental proceeding, Sri Shaik Rahim Baig, Circle Inspector of Police, Excise Police Station, Avanigadda, Krishna District and other personnel attached to Excise Police Station, Avanigadda must be withdrawn from the said police station and put off duty and/or at such duty only which does not empower them to deal with person and property of others. The State Government is directed to pay a sum of Rs. 10,000/- to K. Sanjeeva Rao of Village Mamillapalli, Krishna District within a period of two months and to K. Nireekshana Rao of the same village Rs. 25,000/- within a period of two months.
Let directions accordingly issue forthwith.
Application allowed.