RAVI S. DHAVAN, J. ( 1 ) SUBMISSION in this matter had closed yesterday with every one present at the bar unanimous on their opinion that in a matter which has now surfaced with such magnitude it would be the fittest step that it be referred to the National Human Rights Commission under the Protection of Human Rights Act, 1993. The Court has accepted the contention made unanimously at the Bar. ( 2 ) THE origin of these proceedings rest on a media report highlighted in the TIME magazine, Asia Edition, 19/07/1999, at page 29. The correspondent, one Michael Fathers along with Menakshi Gangully, apparently made an on the spot enquiry and published an Article entitled "plight of the Living Dead : Indian Farmers declared deceased by unscrupulous relatives must prove they are alive to regain their land. " As the matter is now being sent by the High Court to the National Human Rights Commission, for its convenience the Article as published is being reproduced :"the Eastern Fringes of Indias Uttar Pradesh State are known as the bad lands, a place where hired killers can be bought for as little as $10 and peasant farmers eke out a living on plots as two ingredients - crime and a shortage of agricultural land throw in a large chunk of greed, mix in some family rivalry and you come up with an ingenious scam. Just head for the nearest Land Registry Office, bribe an official, declare the owner dead and transfer the land to your name. "i am here, Iam alive," says Lal Bihari told revenue officials after discovering he was5 listed as deceased in 1976. "that may be so," an unruffled clerk replied "but according to my books youre dead" It took Lal Bihari 18 years to get his life and his land back. During that time, he added the word Mritak, or Dead, to his name and to prove that he was living sought arrest, tried to run for Parliament, kidnapped the son of the uncle who had stolen his property, threatened murder, insulted judges, threw leaflets listing his complaints at legislators in the State assembly and demanded a widows pension for his wife. Each time he was either beaten up by police or rebuked for wasting officials time. Unable to make hedway, Lal Bihari. Each time he was either beaten up by police or rebuked for wasting officials time. Unable to make hedway, Lal Bihari. The Dead, sought the company of other ghosts in Uttar Pradesh and round an entire underworld of the deceased and dispossessed. Last month a dozen of them demonstrated outside the Uttar Pradesh Assembly to publicize their fate, demanding an official investigation into land registry transactions to prevent others from being robbed. Lal Bihari is not sure now many members there are in his Association of Dead People. Hes vague about his Constitution, it has no one of importance is paying any attention-at-least for now. But in his home district of Azamgarh, 220 km. south-east of the state capital Lucknow, Lal Bihari and his association have become a magnet for the dead souls of the region. He receives letters and secret visits from victims or their relatives hoping he can restore their property. "ive heard about you from friends, "wrote a young man late last month. " Exactly the same thing happened to my aunt when her husband died. Can you help?"like other eastern districts in Uttar Pradesh, Azamgarh is overcrowded. Land, the only source of income and status for most residents, is scarce. Holdings are getting smaller, divided and sub-divided as families grow larger. Rich and poor find it difficult to resist stealing land from an absentee uncle, cousin, nephew, widow or any weak and vulnerable relative. The quickest simplest way is to bribe land records officials-it costs between $1 and $50, depending on the size of the plot and the wealth of the farmer-declare a person dead and grab his share of the property. "it is cleaver ploy," says Lal Bihari. "you dont get your hands dirty by committing murder, and yet the person is as good as dead. "kailash, 50, a landless farm-laborer, has moved to Lal Biharis village, Kailashs second cousins have threatened to kill him if he tries again to claim back the 2,000 sqm. of land, inherited from his father, that they stole from him. When he first went to Court to tell the magistrate he was alive, his cousins beat him. Lal Bihari is trying to revive the case, now lost in Indias labyrinthine judicial system. of land, inherited from his father, that they stole from him. When he first went to Court to tell the magistrate he was alive, his cousins beat him. Lal Bihari is trying to revive the case, now lost in Indias labyrinthine judicial system. Further complicating his task is that Kailash is not too keen about the effort on his behalf : "it is better to be dead on paper than to be really dead. I think my cousins might actually kill me. " Lal Bihari flings open his arms in exasperation. "most of the people I fight for have no courage at all," he says "i would not be surprised if they told their relatives I was (sic) fight. "bhagwan Prasad Mishra, 75, is not afraid to fight. A pillar of the Azamgarh community, he has been officialy dead since 1977, when four young nephews who managed a family property transferred a half-hectare of his land to their name. Armed with a rifle, Mishra visited the boys and got them to sign an affidavit admitting they committed fraud and had no claim to the land. The affidavit was filed with the Land Court and forgotten. Subsequently petitions to have Mishra declared "undead" have been similarly mired in legal procedures. Yet such is the strength of family in this part of India that Mishra holds no grudge against his tormenters. "my nephews show me great respect", he says. Indeed, when Lal Bihari finally recovered his land in 1994, he gave it back to the very uncle who had stolen it. "he was so ashamed he begged me for forgiveness. "not everyone can afford such maganimity "most victims are widows, or someone sick or simple who are listed as dead," Lal Bihari says, Jhulari Devi, 85, was declared dead and chased from the family farm in the 1970s after the death of a son. Her case has been stalled in the Courts for more than 25 years. Paltan Yadav was pushed off his land in 1988. His relatives mockingly told him, "palten is dead. Who are you tilling his land? Penniless, he become a holy man. Once he gets his land back, Yadav says, he will drop his safron ropes of celibacy and find a bride. Says Lal Bihari : "these people cannot fight alone. They have no money, no brains and no strength. His relatives mockingly told him, "palten is dead. Who are you tilling his land? Penniless, he become a holy man. Once he gets his land back, Yadav says, he will drop his safron ropes of celibacy and find a bride. Says Lal Bihari : "these people cannot fight alone. They have no money, no brains and no strength. I now believe it was my destiny that I became a dead man. " And if he can help other unfairly deceased souls, that will be more than anyone who is alive in India6 has bothered to do for them. "2a. The High Court had taken suo motu notice of this news report and the cause was registered as writ petition No. 29806 of 1999 : Association of Dead People through Sri Lal Bihari and another (Lal Bihari himself) v. (1) State of U. P. through the Secretary (Revenue) U. P. Government, Lucknow (2) The Collector, Azamgarh, (3) The Registrar, Land Registry Office, Azamgarh, (4) Sub-Divisional Officers of the District of Azamgrah. On 21/07/1999, the Court issued notice of motion to the State of Uttar Pradesh. On that day, the Court had appointed two learned Senior Counsel at the Bar to act as amicus curie. These were Messers. Suresh C. Tripathi and Prabodh Gaur, Advocates. The Chief Standing Counsel, U. P. , Mr. Ashok Mehta, also appeared in response to the motion which had been issued. At this stage the Court places on record that this case was taken by the Chief Standing Counsel, U. P. , in its true spirit as a public interest litigation, regard being had to the circumstances of the case and the Court appreciates that at no stage the Court got the impression that this matter was treated as (an adversary) litigation. It was suggested by the Chief Standing Counsel, U. P. , that as an initial step the District Magistrate, Azamgarh, may be required to put in repeated news inserts in the local Hindi newspapers, local radio and the local television network announcing throughout the District of Azamgarh that if there be any persons who have been shown in the revenue records as dead, but are living and their agricultural holdings have been usurped and possessed illegally, they may come forward and bring this aspect to the notice of the Pradhan of his village. This information will be carried, by the local administration, and registered with the Chief Judicial Magistrate, Azamgarh, as a complaint in accordance with law, in addition to instituting a first information report, with the police as the law normally requires in such situations. ( 3 ) AS at that time a general election was about to take place and it was indicated to the Court by the Chief Standing Counsel, U. P. that the district officials may be busy with the general election and as soon as the general election is over, the District Magistrate/collector, Azamgarh, will come forward and open a special office for receiving such information the like of which was published in an article in the Time Magazine. By the time the proceedings were before the Court in September 1999, what started with a solitary case,as highlighted by the Time Magzaine, inquiries on the orders of the High Court revealed that there were several other cases. ( 4 ) PROCEEDINGS of this Court of 27/09/1999 record that 42 cases had been discovered when tenure-holders agriculturists, though alive, had been shown as dead in the land revenue records. Interpolation of the records was accepted by the District Magistrate/collector, Azamgarh, as also, the aspect that the property of defenceless agriculturists has been usurped and the news report in the TIME magazine is not a fiction but reality. In the circumstances, the Court gave certain directions. These were: (a) the State administration will arrange for wide publicity through the public media encouraging affected persons who may have lost their land and have been shown as dead in land revenue records to register their cases; (b) a core group be formed under the supervision of the District Magistrate to facilitate discovery of such cases and this core group will identify cases of the living dead and file these cases before the Chief Judicial Magistrate and (c) as these matters relate to fabricating false evidence so as to constitute a record otherwise than its true State it is an offence against public justice the like of which is referred to in the Indian Penal Code, 1860. All such persons who may have arranged for these crimes are liable to be charged with complaints before the Chief Judicial Magistrate. All such persons who may have arranged for these crimes are liable to be charged with complaints before the Chief Judicial Magistrate. ( 5 ) BY the time the proceedings were being recorded, on 15/11/1999, the reports, which had been filed, jointly, by the District Magistrate/collector, Azamgarh and the Chief Judicial Magistrate, Azamgarh, the species of such cases increased to 70. By this time the Court was intimated that a Cabinet Minister of Uttar Pradesh has shown concern by requiring the Secretary, concerned, in the Government that enquiries be opend up in these matters, where persons otherwise alive, have been shown dead in the records, the agricultural and revenue records. The Honble Minister has desired enquiries in respect of the districts of Azamgarh, Mau, Allahabad, Hardoi, Jaunpur, Raibareily, Deoria, Gonda and Kanpur Dehat. By now, the Board of7 Revenue, Uttar Pradesh had also given instructions that all these cases throughout the State be traced out. All present at the Bar accept that the follow up action, as a practical measure, is disappointing. ( 6 ) NOW it was clear that what had taken place was an organised crime against the poor, helpless and helpless agriculturists confronted with muscle power of land mafias who could arrange, in collusion with those in charge of keeping land revenue records, to get interpolations made by showing persons who are otherwise alive, dead on paper. Having achieved this, the agriculturists were kicked out of their holdings. This was even worse than serfdom. A virtual reminder that the zamindars zamindari may have been abolished but has given way to organised gun-totting agricultural land grabbers whom the official record keeper has adopted and accepted. ( 7 ) THE Chief Judicial Magistrate complained that when notices were issued to those against whom allegations had been made that they wre squatting on agricultural lands when original owners were alive, but shown dead, the police did not come forward to assist either the District Magistrate or the Chief Judicial Magistrate to effect service on these notices. ( 7 ) THE Chief Judicial Magistrate complained that when notices were issued to those against whom allegations had been made that they wre squatting on agricultural lands when original owners were alive, but shown dead, the police did not come forward to assist either the District Magistrate or the Chief Judicial Magistrate to effect service on these notices. Thus, on 17/12/1999, the Chief Standing Counsel, U. P. made a statement that in this regard he had drawn the attention of the Director General of Police, U. P. and advised him that his department was obliged to assist the District Magistrate and the Chief Judicial Magistrate in these matters of the cases of the living dead, on the service of summons to the persons charged but avoiding summons and the restoration of possession to persons who are alive but were shown dead. Tampering of the record, the land revenue records, was now becoming a phenomenon as if it was a second habit in the district of Azamgarh. Thus, the Court recorded on 17/12/1999"suffice it to say that the situation is a matter of concern for the High Court as giving an impression that the poor people can easily loose their rights on their agricultural holdings, with records being tampered and showing them as dead and all that they can do is to cry outside and beyond the periphery of their agricultural land that they have been ousted and there are no takers to listen to their plight and complaint. " ( 8 ) ON 21/12/1999, learned Advocate General, U. P. , Mr. R. P. Goyal, Senior Advocate, appeared at the Bar. Learned Advocate General, U. P. , made a statement that he had drawn the attention of the Chief Secretary, Uttar Pradesh, to the State of affairs as exist in the district of Azamgarh releting to agriculturists who have been shown in public records, that is, the land records, as dead, but otherwise are alive, and their lands have been usurped by land mafias. Learned Advocate General, U. P. , made a statement that he had advised the Chief Secretary that the State of affairs is bringing a bad name to the administration as well as to the public justice system because the execution of the orders, in both circumstances, has to be done with the assistance of the Police, Learned Advocate General U. P. stated that the Chief Secretary responded by a saying that he has taken the situation in hand and is looking into these matters personally. Learned Advocate General, U. P. , has also expressed his concern that he has advised the Chief Secretary that this fear psychosis, which is now prevelent amonst those agriculturists who have been deprived of their lands and land Mafias are squatting on such illegally possessed land, can only be eliminated by the administration giving confidence that the long arm of the law is indeed very long and it means business. ( 9 ) BY this time, the cases had swelled up to 84. Thus, on 21/12/1999, the Court recorded that all that needs to be done at present is that (i) the advice of the Adcvocate General, U. P. , be acted upon and (2) suggestions as were recorded by the Court on 27/09/1999 and on 13/10/1999 be implemented. At the request of State Counsel of the State of U. P. , the matter was adjourned to 3/01/2000. ( 10 ) WHILE submissions were being made when the proceedings resumed on 3/01/2000, and were adjourned to 4/01/2000, learned Chief Standing Counsel made submissions which were serious to enlist concern with the Court. The Chief Standing Counsel submitted that: (a) the last report received from the Chief Revenue Officer, Azamgarn, is inadequate and on going through the report seeks leave of the Court not to file this report as he himself is not satisfied with this report; (b) regard being8 had to the totality of the circumstances he is now satisfied that in this matter he must have a direct conference with the District Magistrate, Azamgarh, and (c) in this matter of public concern those who have been dispossessed on the basis of foreged records, the approach of the local administration that nothing will be done until and unless the victims make an application to seek redress, is itself a matter of concern. ( 11 ) WHILE this matter proceeded on 5/01/2000 the Court was being intimated that the cases discovered so far are nearing 90. Now, it was clear that this was a never ending process. ( 12 ) YESTERDAY, 6/01/2000, the District Magistrate, Azamgarh, sought leave of the Court to make submissions. The Court permitted him. The District Magistrate, Azamgarh, informed the Court that what has been discovered, as about 90 cases so far is only "the tip of the iceberg. " These were his words. He informed the Court that now he is receiving complaints about 50 or 60 a day. It was his contention that even if half of these compaints were correct, another phenomenon is surfacing the like of which has not been noticed even by the Court. He indicated to the Court that he has come across entries in the land revenue records, to the effect, that possession has been delivered to the land mafias or unscrupulous persons who, as organised crime in connivance with the official record keeper, have arranged a State of affairs to obtain possession of lands ostensibly under Court orders, whether revenue Courts or civil Courts. But, on scrutiny he found that the so-called Court order did not exist. The District Magistrate explained that the land records inscribe a fabricated endorsement of a Court order in favour of the land grabber, which mentions the designation of the Court, and the date of the order. But When he had the matter investigated there was no Court order, the like of which was mentioned in the land revenue records. If what the District Magistrate has contended is the reality, then, this matter which started with a solitary case has, indeed, crossed into beyond hundreds and will keep on increasing. ( 13 ) WHAT the District Magistrate, Azamgarh, has reported as first hand official information only confirms that public justice both in administration and the judicial system is in an embarrassing state of ineffectiveness for the ordinary man without resources or clout. The Indian Penal Code, 1860, when it provides to deal with circumstances OF FALSE EVIDENCE, OFFENCE AGAINST PUBLIC JUSTICE. I had intended to deal with a law abiding society generally. There is public justice to be delivered by the administration, also. The Courts come later. The Indian Penal Code, 1860, when it provides to deal with circumstances OF FALSE EVIDENCE, OFFENCE AGAINST PUBLIC JUSTICE. I had intended to deal with a law abiding society generally. There is public justice to be delivered by the administration, also. The Courts come later. But the circumstances acknowledged in the present proceedings reveal that the official keepers of the land records are not official in the discharge of their obligations. Interpolation of land revenue records with official patronage is terrorism of the Babu. There are fixers who distort truth both within the administration and the public justice system. Munshi Prem Chand, the classical Hindi novelist, has highlighted these themes on the village officials in his short stories. He died sixty years ago. ( 14 ) ONE aspect needs to be mentioned as it was brought to the notice of the Court by counsel at the Bar. The media carried reports, while these proceedings were pending, about the affected people of Azamgarh, primarily agriculturists recorded "dead" but alive, who took out a procession in the State capital, Lucknow, before the Houses of Legislature. They took out a procession by lying on bamboo made tikhtis meant to carry the dead for last rites, the funeral. During demonstrations, these living dead would rise from their bamboo tikhtis shouting slogans, to the effect; we are not dead, but are alive. The contention, by the two learned amicus curie assisting the Court, was that all this was of no avail and the circumstances of the living dead continue. ( 15 ) REGARD being had to the totality of circumstances, all at the Bar, whether the two learned amicus curie. counsel for Lal Bihari, petitioner No. 2 or learned State counsel, that is, Chief Standing Counsel, U. P. , agree that the poor agriculturists must have protection at every given time. An apprehension has been expressed that if the proceedings were to close, then, all those being investigated and enquired into as a consequence of these proceedings will be constantly under threat to their lives. An apprehension has been expressed that if the proceedings were to close, then, all those being investigated and enquired into as a consequence of these proceedings will be constantly under threat to their lives. Further, an apprehension has been expressed and shared eequally at the Bar that when the living dead are restored possession of their agricultural lands, there will have to be a continued protection for a very long time and in this regard the phenomena which has9 been noticed in these proceedings now needs to be investigated, further, as this is a never ending story. ( 16 ) IT was suggested to the Court, as the Court had expressed that a case must close also, that as these matters relate to poor agriculturists, who are on the borderline of poverty, their agiruclutural holdings are the only source of livelihood. Deprivation of this source of livelihood, and the manner in which it has taken place is a matter which concerns human rights. For any person who has been kicked out and off his agricultural land, the matter affects life and liberty, both. Deprivation of the source of livelihood is now well recognised as violation of Article 21 of the Constitution of India. The liberty to hold a property with confidence, specially a property which is the only source of livelihood, stands curtailed and the affected persons are unable to live off their deprived agricultural land. Livelihood affects life, consequentially, this affects the dignity of the individual that in poverty he cannot defend his liberty and life. Lastly, equal protection of the laws, the Court regrets to record and it is accepted at the Bar. is not available to these poor agriculturists. ( 17 ) THE Chief Judicial Magistrate reported that he is virtually an abject spectator in issuing summons on proceedings registered on showing the true owner as dead but alive, stark reality on official records. The Chief Judicial Magistrate reports that those who have been summoned under a sub-poena are merrily going around their business on ill-begotten and illegally possessed lands, yet the police reports that those summoned are not available. This is a common syndrome of the public justice system, of unserved summons and the freely roaming criminals, a circumstance encouraged by the administration, the Court administration and the criminal. The paradox is that even in Court, the terror is of the victim. This is a common syndrome of the public justice system, of unserved summons and the freely roaming criminals, a circumstance encouraged by the administration, the Court administration and the criminal. The paradox is that even in Court, the terror is of the victim. ( 18 ) THESE cases have virtually become a phenomenon of violation of human rights. If it were one case or two or half a dozen, this Court would have issued its writs to ensure compliance of the law. But what the Court has on record is the concern of learned Advocate General, U. P. the concern of Chief Standing Counsel, the concern of the Honble Cabinet Minister in having taken note of this case and the concern of the Board of Revenue in sending instructions. Concern is good, but the follow up action to aid these poor agriculturists into possession must rest on an assured security to till their land so that this ugly phenomenon of fabrication of official records and collusion between land mafias and officials who possess these records, is broken. A solution which has not been presented before the Court. The State must have a will to present this solution and execute it. ( 19 ) THIS matter needs to be further investigated, the like of which has been provided in the protection of Human Rights Act, 1993 and specially provided for under Section 14. The matter has ceased to be an individual case as prima facie it has been accepted by learned Advocate General, U. P. and the Chief Standing Counsel, U. P. , and upon the reports being scrutinised by the two learned amicus curie at the Bar that the case of the living dead is now a reality. In so far as it was possible and to the limit it could be done this Court has enquired suo motu. The National human Rights Commission in any case has the right to intervene in any proceedings involving violation of human rights pending before a Court with the approval of such Court. The qustion of these poor agriculturists approaching the National Human Rights Commission does not arise. Having lost their agricultural holdings, otherwise having been shown dead in the records, they have no source of livelihood. The qustion of these poor agriculturists approaching the National Human Rights Commission does not arise. Having lost their agricultural holdings, otherwise having been shown dead in the records, they have no source of livelihood. The two learned amicus curie at the Bar had submitted that they do not even have the resources to come to the High Court or, for that matter, engage a lawyer to file a complaint before the Chief Judicial Magistrate. They are looking for the protection of the law, the like of which is mentioned in the Code of Criminal Procedure, 1973. The reference was made to Section 200. Thus, the living dead are expecting that the State would come to their aid as it is a crime against the public justice system. It is contended that they are not concerned in having the presence and personal appearance, in Court, of persons who have wielded muscle power and the officials who may have abetted the situation. In taking confrontation with them is in itself a fearful step for them. It has been explained to the Court that if the State were to process these cases there is an advantage for the presenter of the complaint. Inevitably, the District Magistrate0 and Collector need not be examined, as the complainant would be a public servant who has purported to Act in the discharge of his official duty. The Court will leave this aspect at this. ( 20 ) THE Court had indicated to learned counsel at the Bar, the aspect of limitation, the like of which is mentioned in sub-section (2) of Section 36 of the Act, aforesaid. The Chief Standing Counsel, U. P. , explained that in the present set of cases, limitation does not stand in the cause of the living dead agriculturists. By analogy he explained that the petitioner No. 2 (whose case was reported in the TIME magazine which gave rise to these proceedings) had been restored possession of his land as a result of these proceedings. It was submitted, even, he can institute a complaint before the National Human Rights Commission until such time he had remained dispossessed as from the last date of his dispossession. One year hence he may present a complaint. The contention at the Bar, whether by the two learned amicus curie or the Chief Standing Counsel was, to the effect, that this is a continuing wrong. One year hence he may present a complaint. The contention at the Bar, whether by the two learned amicus curie or the Chief Standing Counsel was, to the effect, that this is a continuing wrong. ( 21 ) IN the proceedings before this Court, there are no rivals. There are no adversaries. All counsel have joined and are agreed that the phenomenon of the living dead will need to be remedied first. It has also been indicated to the Court that the phenomenon is not isolated to Azamgarh and the aspect of people being shown dead on the land revenue records and their lands being usurped illegally by those who can arrange it with connivance of officials is an ugly reality. ( 22 ) IN the circumstances, the Court requests the two learned amicus curie to draw out a statement of case for presentation before the National Human Rights Commision along with the entire record of the present proceedings. It will be entirely up to the two learned amicus curie, if they so desire, to retain the cause title as it is or vary it. The statement of case ought to be presented before the National Human Rights Commission by the two learned amicus curie within six weeks from today. For secretarial assistance, learned Chief Standing Counsel, U. P. , has assured that his office will render all assistance. ( 23 ) IN so far as cases which have been processed and filed before the Chief Judicial Magistrate, and those cases which are yet to be filed may continue to be filed, in keeping with the correct perspective, that is, a complaint by a public servant. The crime is against public justice and poor agriculturists. This process will continue until the proceedings are determined to its logical conclusion as under the law. In addition, the circle of public justice will not be complete unless departmental and administrative proceedings are taken out against the erring officials by the State of U. P. Hereinafter, investigations will be as may be directed by the National Human Rights Commission. ( 24 ) IT would only be fair that the two leanred amicus curie who have assisted the Court in this public cause be given a fee of Rs. ( 24 ) IT would only be fair that the two leanred amicus curie who have assisted the Court in this public cause be given a fee of Rs. 10,000=00 each by the State of U. P. , which the Chief Standing Counsel, U. P. will arrange for and will deliver to them within a month from today. ( 25 ) THE Registrar, High Court, will deliver a certified record to all counsel at the Bar, including the Chief Standing Counsel, U. P. , free of charge as this is a public interest litigation. ( 26 ) AS the matter now will be filed before the National Human Rights Commission, These Proceedings stand consigned. .