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1990 DIGILAW 273 (PAT)

Council for Protection of Public Rights and Welfare v. Union of India

1990-08-24

B.P.SINHA, S.K.SINGH

body1990
ORDER This writ application was filed on the 8th of November, 1989 by the Council for Protection of Public Rights and Welfare as a public interest litigation. A very serious communal riot had taken place in last October, 1989 at Bhagalpur in which hundreds of persons of the different communities lost their lives. This is now well known and became a subject matter of very great concern both for the Government as well as people of this country. 2. The petitioner, which is a social organisation devoted to the cause of protection of human rights, filed this writ application with a prayer for a direction to hold an enquiry in regard to Chanderi massacre through some persons authorised by this Court. The other prayer was for issuance of mandamus for grant of compensation of Rupees one lac each to the heirs or dependants of each of the deceased persons of Chanderi massacre and for prosecution and immediate arrest of those persons who are directly or indirectly responsible for such heinous crime. 3. On the 20th of November, 1989 when this matter came before us we issued notices to the concerned respondents namely, the Collector and Superintendent of Police of Bhagalpur as well as Police Inspector of Bhagalpur (respondent nos. 3, 4 and 5 respectively). It is now well known that one Malka Begum, a young girl, who had been very seriously injured in Chanderi massacre, had been rescued by the Military personnel, who were moving nearby under Major Work. She had been hospitalised and was reportedly being treated in the Bhagalpur District hospital. A complaint was made before us that she was not receiving proper treatment, and being one of the important witnesses it was necessary that she should be transferred to the Patna Medical College Hospital, Patna for proper treatment. This prayer, being very reasonable, we allowed the prayer and directed the State to take immediate steps for bringing Malka Begum to the Patna Medical College Hospital, Patna for proper treatment. Altough sufficient time had been granted to the State but no counter affidavit could be filed by them. Then the case was placed on 6.12.89, on which date it was adjourned to 8.12.89. It was at this stage that on 1.12.1989 a judicial enquiry was ordered by the State. Altough sufficient time had been granted to the State but no counter affidavit could be filed by them. Then the case was placed on 6.12.89, on which date it was adjourned to 8.12.89. It was at this stage that on 1.12.1989 a judicial enquiry was ordered by the State. The fact that this Court had taken notice of this serious incident was highlighted by the National Press and that also might have worked for setting up a judicial enquiry. All happened on later dates when Malka Begum was produced before us in this Court and we found that she had not still been cured, although a statement was made before us on behalf of the State that she had been cured and left for her home. She was produced by the petitioner and we ordered that her statement should be recorded by the Joint Registrar (J) of this Court. 4. On 15.12.1989 the statement of Malka Begum was recorded by the Joint Registrar (1) running into 10 pages. She gave a very dreadful and graphic description of what had happened on the 27th of October, 1989, and thereafter before her eyes her father, mother and many others had been killed. She also named many of the killers, and she has stated in her statement how the police instead of providing adequate protection, had encouraged the killers to kill those persons. We also directed that the report should be immediately sent to the Director General of Police, Bihar for taking necessary steps to get a case registered against the assailants described in the report. We also directed the Director General of Police to get the matter investigated by the police officer belonging to the C.I.D. and keep this Court informed about it. 5. It appears that the police, instead of getting a case recorded immediately thereafter entered into a debate as to whether a second F.I.R. should be lodged or not since according to them an F.I.R. had already been lodged. However, ultimately a case had been instituted on the basis of the Statements made by Malka Begum. On a prayer made on behalf of the petitioner, Malka Begum who was entertaining some doubts about the police whether or not they could give her adequate protection, she was sent to the Military Hospital, Danapur for treatment and after some time she was cured and discharged. 6. On a prayer made on behalf of the petitioner, Malka Begum who was entertaining some doubts about the police whether or not they could give her adequate protection, she was sent to the Military Hospital, Danapur for treatment and after some time she was cured and discharged. 6. When we wanted to know as to how many persons had been paid their compensation, we were told on 30.3.1990 that compensation had been given to 66 persons. We directed the Collector of Bhagalpur to furnish the details as regards the names of persons who had been paid compensation in respect of Chanderi massacre on the aforesaid date. The learned counsel for the State produced before us a chart showing payment in respect of 35 persons being compensation in regard to those who were killed in Chanderi. Some payments are also said to have been made from the Prime Minister of India fund. 7. Since a judicial enquiry has now been set up and has started its sitting, it is not necessary for us now to proceed with this matter. One of the prayers made on behalf of the petitioner was that this incident should be enquired into by an independent body, and now since a judicial enquiry has been set up and it has started its regular sitting, that prayer has become infructuous. The next prayer was that the heirs and dependants of those persons who have been killed in Chanderi massacre, should be given adequate compensation. It would be found that many of such persons have already been paid compensation and the State Government has been moved in this regard. 8. While parting with this case we must record our appreciation to the exemplary work which has been done by this social body of Council for Protection of Public Rights and Welfare. They have been doing such exemplary service and it is stated that they have also filed two other very important public interest litigations in this Court in the case of Water Pollution and the other regarding distribution of some lands acquired by the Housing Board. The lawyers representing this organisation led by Shri Indu Shekar Prasad Sinha, who has been assisted by Shri Mahendra Prasad Gupta and Shri Surendra Prasad Sharma, have also done very good job and have given great assistance to this Court. The lawyers representing this organisation led by Shri Indu Shekar Prasad Sinha, who has been assisted by Shri Mahendra Prasad Gupta and Shri Surendra Prasad Sharma, have also done very good job and have given great assistance to this Court. The State was throughout being represented by Shri Uday Shanker Saran Singh, Advocate, who also gave us best possible assistance in this case and tried to get all possible informations from the State as early as it could be possible. We must thank all these lawyers for assisting this Court in such public interest litigation. Since this organisation is engaged in such social service, we are of the opinion that the State Government should pay them a sum of Rs. 5,000/- not as cost but for appreciation of the assistance which they have rendered to this Court. We accordingly, direct the State of Bihar through the Chief Secretary of the Government of Bihar to pay a sum of Rs. 5,000/- to Shri Mahendra Prasad Gupta, General Secretary of the Council for Protection of Public Rights and Welfare within six weeks from the date of receipt of this order. The payment should be arranged through Shri Uday Shankar Sharan Sinha, learned counsel for the State. 9. This writ application is, accordingly, disposed of. Let a copy of this order be handed over to the learned counsel for the petitioner and also to the learned counsel for the State.