R.K.Sharma vs State of Haryana

K.K. Srivastava, J.

The petitioner seeks entrustment of the investigation into the cases of murder of Mrs. Madhu Manjri Sharma and her son Aditya Sharma, alleged to have been committed in the night of 31.7.1997, regarding which FIR No. 1011 dated 1.8.1997 was lodged with Police Station Karnal. The occurrence is said to have taken place at house No. 172/14, Urban Estate, Karnal. Dr. R.K. Sharma, father of the deceased Mrs. Madhu Manjri Sharma, wife of Vidya Dhar Sharma had sent this petition by post, addressed to Hon''ble the Chief Justice of this Court.

It was further mentioned in the petition that in the occurrence, which took place at the house of the deceaseddaughter of the petitioner, her husband, Vidya Dhar Sharma, and her elder son Vikas Sharma were severely beaten while his daughter Mr. Madhu Manjri Sharma and her younger son Aditya Sharma were murdered. Sh. Vidya Dhar Sharma and Sh. Vikas Sharma were found in an unconscious state, struggling for life and having serious multiple injuries on their head, face, neck etc. The culprits are alleged to have ransacked the house and the valuable items of jewellery and cash were looted. The incident was reported in the media by the daily newspaper The Tribune dated August 2 and 3, 1997. Its Hindi version was also published in the Dainik Tribune dated 2nd and 7th of August, 1997.

The First Information Report was lodged with the police station City Karnal by Shri Gaja Dhar Sharma, elder brother of the husband of deceased/Smt. Madhu Manjri Sharma. It was averred that the Karnal police claimed to have solved the murders aforesaid by arresting five members of the criminal community. The police version was, however, seriously doubted and it was explicitly pointed out in the newspaper Times of India dated August 19, 1997. The petitioner sought the help of the Chief Secretary to Government, Haryana and also approached his Excellency the Governor of Haryana, requesting for entrustment of investigation of the case to the Central Bureau of Investigation. The Deputy Commissioner and the Superintendent of Police, Karnal were also contacted by the petitioner, who assured proper investigation in the case to the petitioner but the same did not bring any fruitful results. The matter was also taken up by the higher constitutional functionaries. The matter, however, could not be solved and it remained as it is. Feeling dissatisfied with the manner of investigation, the petitioner sent this petition by post and it was treated on judicial side an shown at Criminal Misc. No. 24979/M of 1997.

Shri Ashish Aggarwal Advocate put in appearance on behalf of the petitioner while the State of Haryana was represented by Shri Surender Lamba, AAG, Haryana. Shri R.K. Handa, Standing Counsel represented the Central Bureau of Investigation.

I have heard the learned counsel for the petitioner and the learned AAG for the State of Haryana. Shri R.K. Handa, learned Standing Counsel for CBI was, however, not present at the time of hearing arguments.

Learned counsel for the petitioner referred to a letter dated 27.11.1997, which is said to have been written by the Financial Commissioner and Secretary to Government Haryana, Home Department and addressed to the Secretary to Government of India, Ministry of Home Affairs, New Delhi, regarding entrustment of investigation of this case to the Central Bureau of Investigation. Initially some doubts were expressed regarding the genuineness of the said letter. However, the same were set at rest and it was no longer in dispute that the Financial CommissionercumSecretary to the Government, Haryana, had made a request for entrustment of the investigation of this case to the Central Bureau of Investigation. It appears from the statement of Shri R.K. Handa made on 24.7.1998 at the time of hearing of the case that the Central Bureau of Investigation had declined to accept the case for investigation. It will appear from the narration of the incident as made in the petition by Sh. R.K. Sharma, petitioner that gruesome murder of his daughter/Mrs. Madhu Manjri Sharma and her younger son/Aditya Sharma was committed by the miscreants. Shri Vidya Dhar Sharma and his son Vikas Sharma were also seriously wounded. The house of Shri Vidya Dhar Sharma was ransacked and valuable items were looted. The miscreants had caused serious injuries to Shri Vidya Dhar Sharma and Vikas Sharma. They, however, somehow survived the attack. Seriousness of the incident is demonstrated by the fact that the Financial CommissionercumSecretary to Government, Haryana, Home Department, took up the matter with the Government of India, Ministry of Home Affairs, requesting for entrustment of the case to the Central Bureau of Investigation. A verbal communication was made by Shri R.K. Handa, learned Standing Counsel for the CBI regarding refusal of the CBI to accept this case for investigation, but no written communication was placed on record to this effect. It was, therefore, not known as to what were the reasons for the refusal on the part of the CBI to undertake the investigation of such gruesome murders and causing serious injuries to Sh. Vidya Dhar Sharma and his elder son Sh. Vikas Sharma as also the incident of looting the property of the deceased. The efforts made by the local police in capturing some of the miscreants, suspected to the involved in the incident, did not satisfy even the public in general and this dissatisfaction appeared thorough media as reported in The Times of India dated August 19, 1997.

After carefully considering the submissions made by learned counsel for the petitioner and also taking into consideration the fact that the State of Haryana itself has made a request to the Government of India for entrustment of the case to the CBI as also finding that there are no plausible reasons given in the refusal of the CBI to undertake investigation of this case, I deem it appropriate that this case should be entrusted to the CBI for thorough and proper investigation. This would meet the ends of justice and the demand for justice made by the petitioner, an unfortunate father of deceased Smt. Madhu Manjri Sharma. Even the people of the State expect a proper investigation into the case so that the real culprits are nabbed and put on trial. The State also owes a duty towards its citizens to dispel any doubts or suspicion in the minds of the family of the deceased, who suffered injuries and also the public in large.

Resultantly, the investigation into the incident, as reported in FIR No. 1011 dated 1.8.1997 lodged at police station City Karnal, is entrusted to the Central Bureau of Investigation, which is expected to take up the investigation in right earnest and identify the miscreants responsible for committing this occurrence. The investigation be completed expeditiously and preferably within three months from the date of entrustment. After the investigation is complete, necessary follow up action be taken by submitting an appropriate report before the Court of competent jurisdiction and a copy thereof be also placed on the record of this case.

Disposed of accordingly.