Judgment RAVI S.DHAVAN, J. 1. On 29/07/2000 practically all newspapers in Bihar, carried a front page news item reporting, in effect, that the police had gone berserk in village Senari, District Jehanabad and had unmercifully beaten the women black and blue. For instance, report in the Hindi newspaper Dainik Jagran, Patna, "carried a caption" KRURTA NAHIN. HAIVANIYAT KI SEEMA PAR KAR GAI POLICE". This news report is on record. The news report carries photographs semi naked women of all ages.The media captured injuries on the upper thighs of the women. It is stated in the news report that the injuries were caused by rifle butt and lathies. The Court took notice of this newspaper report and issued notice to the following respondents; 1) The State of Bihar through the Chief Secretary, Govt. of Bihar. 2) The Home Secretary, Govt. of Bihar. 3) The Director General of Police, Govt. of Bihar. 4) The Superindentent of Police, Jehanabad. 5) The District Magistrate, Jehanabad. 2. In the circumstances, the text of the report is relevant. The english translation is reproduced; NOT ONLY CRUELTY, RATHER THE POLICE CROSSED THE LIMIT OF BRUTALITY. The police excesses continued for four hours in Senari, even the females felt ashamed of showing their injuries caused by lathi blows. Gyaneshwar, Jehanabad, 28 July. The police which visited Senari village yesterday in search of the accused persons of Mainpur carnage, tried to cross the limit of brutality surpassing all cruelties by committing excesses. Not finding the accused persons, these violent police personnel tried to expose the female of the village publicly. The injuries on the person of these females are such that to see or show them is a matter of great shame. Comparatively, the cruelties perpetrated by the nexalites who had massacred their husbands and sons last year in a carnage in their village are nothing in the eyes of these females. The small room of Jehanabad hospital was full of the reverberating cries of these women. All the people of the village have come here with the female members of their families. They do not want to return to their village now as they are more fearful of the police than these nexalites. Almost 37 women and two men were injured due to police assault are admitted in the hospital, but neither the hospital administration nor the police are worried about them. They do not want to return to their village now as they are more fearful of the police than these nexalites. Almost 37 women and two men were injured due to police assault are admitted in the hospital, but neither the hospital administration nor the police are worried about them. When this Press Reporter visited the hospital at about 10.20 pm. he found neither any hospital employee nor any police personnel there. On every bed of the hospital, there were lying five to six women groaming out of pain sustained due to lathi blow and rifle butt of the police personnel. Even in pitch-darkness, they were fearful of these police personnel. Without seeing these women Shri K.A. Jacob, the Director General of Police, may declare the charges in respect of police excesses as baseless but after having a glance over it, he will definitely say that it had crossed the limit of brutality, Perhaps, the Punjab Police, considered to be the most ferocious police force during the period of terrorism, may also be stunned by the behaviour meted out to these women and children. The action taken by the police yesterday in Senari village has been the fate of this village. Last year on 18 March, the M.C.C. had massacred 34 persons of this village. After this carnage, the Ranvir Sena found an access to this village apparently. The Manipur carnage took place in retaliation for Senari carnage and now the police claims that the Ram Lakshman operation of Mianpur carnage had been plotted in this very village and Barmeshwar, the Supremo of Ranvir Sena, had given green signal to it. After Mainpur carnage, many people of this village were named as accused persons and this process is still in continuation. After the massacre which took place last year, the population of this village had decreased to a great extent because many people who had survived after this massacre, had gone outside. Only those people who were unable to move, remained there. The male persons of the village had started living hither and thither after Mianpur carnage. The police patrol party gave a round to this village yesterday at about 12 OClock in the day. Nobody was knowing the intention of police from before. It was but natural that the people of the village might have run away at the sight of police. The police patrol party gave a round to this village yesterday at about 12 OClock in the day. Nobody was knowing the intention of police from before. It was but natural that the people of the village might have run away at the sight of police. The people ran away as they saw large number of police coming from a distance. Only females were left in the village. Girija Devi, who was admitted in the Jehanabad hospital, stated that initially the police personnel tried to show sympathy and said that they had come to just complete the formality. None was present in the village. They entered the houses also, but no one was found. Whom they were searching for, was also not known. But when they were about to return after completing search operation they suddenly changed their stance and turned violent. There is hardly a family in the village, of which someone or other member has not been killed during last years massacre. Intention of the police which had entered into the village again, was quite different. They behaved barbariously. They started beating women with lathi and rifle butt. They did not even care as to how and on which portion of the body they were beating them. Weeping bitterly, 25 years old Arjun Devi tried to show her injury, but she could not show it out of shame. The police personnel asked the female members of the village as to why the vermilion of their MANG (forehead) has not been washed out whereas it should have been wiped out as yet. There are such deep marks of lathi blow on the thigh of Mithilesh Devi and Manju Devi, which will not disappear in near future. They cannot move properly. The brutal police personnel have even broken the hands of 90 years old Ramjari Devi. When the children who began crying and sobbing on seeing their mother and Children namely Prince, Munna and Reshu were still groaning (of their pain) in the hospital. The brutal actions of these armed police personnel can well be imagined with the fact that they had made the DUPATTAS-snatched from the girls as their decorative item. They were hurling such a nasty abuses that (out of annoyance) they considered naxalities to be better than them. The brutal actions of these armed police personnel can well be imagined with the fact that they had made the DUPATTAS-snatched from the girls as their decorative item. They were hurling such a nasty abuses that (out of annoyance) they considered naxalities to be better than them. It was stated by Girija Devi that she even remembers the day on which massacre that took place, day none of the naxalites had even touched the ladies and the children. But these police personnel were playing with their chastity and honour. She even remarked that she would not return to the village. Sharda Devi identified Sanjay Ranjan Singh, Dy. S.P. of Kurtha was leader of the barbarous police personnel. All the male members of the village have also come to the hospital with these women. Now, they do not want to go back. Road blockade was also made at Arwal Mor in Jehanabad in protest to this occurrence. The police drove them away, but neither the District Magistrate nor the Superintendent of Police tried to know even their grievances by going to the hospital. The Dy. S.P. of Kurtha Mr. Sanjay Ranjan Singh in defence, is making a statement that the female members of the village, obstructed police action by pelting stones as a result of which the wanted accused persons fled away. A police jawan also received head injury due to pelting stones. Kamlesh Sharma of the village is not ready to accept the allegations, made by the police personnel that a meeting was held in this village for Mainpur massacre. The police in yesterdays action, have broken the hands of his daughter, Nitu. Sanjay Kumar of Jehanabad, on being annoyed remarked in the hospital, that a particular caste is being made target. If the situation remains grim like this, these families would have to preserve a son and a rifle for Ranveer Sena. In Patna, Mr. K.A. Jacob, Director General of Police, stated that he has got no information about the excesses committed by the Police. Lady constables were also included in the raiding party. Despite it, he remarked if such demand is realized he was ready to get the occurrence inquired into by a senior officer. 3. The media also reports that the little children were not spared. Lady constables were also included in the raiding party. Despite it, he remarked if such demand is realized he was ready to get the occurrence inquired into by a senior officer. 3. The media also reports that the little children were not spared. When these little children were crying on seeing their mothers being beaten they were picked up by the belligerent police contingent and thrown away. The women were beaten and abused regardless of their age. This was the news report. The Court directed the District Judge, Jehanabad to make a preliminary report with a select team of the judicial officers to list the injuries caused by the alleged police assault. The order of the Court passed on 29/07/2000 is reproduced : "The Court is dismayed to read the news report to day, on the front page of "Dainik Jagaran", Patna 29/07/2000. The report is capitioned : "KRURTA NAHIN. HAIVA-NIYAT KI SEEMA PAR KAR GAI POLICE; CHAR GHANTE TAK SENARI ME HUA POLICE KA TANDAV, MAHILAIN LATHIYAON KA JAKHAM DIKHANE ME SHARMA GAIN." Let notices issue to the State of Bihar through the Chief Secretary; Secretary Home, Director General of Police, Superintendent of Police , Jehanabad and the District Magistrate, Jehanabad. Let notices be served on the Advocate General, Bihar. The District Judge, Jehanabad, upon call by the High Court has arrived. He is directed to make a preliminary report with a select team of Judicial Officers to list the victims and the injuries caused by the alleged police assault. The victims, most of them are reported as women. A team, of two Judicial Officers, in pairs, as many as may be available in each pair one shall be a woman, will investigate the victims and woman, will investigate the victims and record their statements. The injuries, should the victims permit shall be photographed with a woman Judicial Officer present. The District Judge, Jehanabad shall compile the report and submit it, if possible on or before 7/08/2000. The State respondents under notice shall facilitate the enquiry by the District Judge, Jehanabad. List before this Court on 7/08/2000. The Registrar Generals establishment shall make out the cause title in this matter and effect service upon the establishment of the Advocate General, Bihar, today." 4. The District Judge, Jehanabad submitted his preliminary report dated 5-8-2000. Thereafter, the District Judge was directed to complete the enquiry and submit a final report. List before this Court on 7/08/2000. The Registrar Generals establishment shall make out the cause title in this matter and effect service upon the establishment of the Advocate General, Bihar, today." 4. The District Judge, Jehanabad submitted his preliminary report dated 5-8-2000. Thereafter, the District Judge was directed to complete the enquiry and submit a final report. The final report as was filed before the Court was brought to the notice the Advocate General. In this regard two orders of the Court are relevant. These are reproduced. "25-8-2000. The District and Sessions Judge, Jehanabad sent his report in a sealed cover as was directed by the list order dated 14-8-2000. Thus, the sealed cover was opened. What has been forwarded to the Court is a final report, a D.O. to the Registrar General dated 24-8-2000 as a corrigendum on typing errors suggested in the final report. Also sent is a set of statements as recorded by the District and Sessions Judge, Jehanabad in course of the enquiry. After the Court had perused the final report, upon the Court reconvening for the afternoon session, the learned Advocate General, Bihar, made a submission. He made a request to the Court that if the Court should consider it appropriate, it may permit the Advocate General to have an access to the report . The Court does not see any reason to keep the report away from the Advocate General. Let the Registrar General make out a copy of the final report, submitted today, and have it delivered to the Advocate General, Bihar. Thereafter, the final report as has been sent will remain in the custody of the Registrar General to be placed before the Court on the next date. At the request of the Advocate General, put up on 13-9-2000." "15-9-2000. Today, the learned Advocate General, Bihar, has sought another adjournment in view of the fact, as submitted by him, that the adjournment sought earlier on 25 Sept., 2000 to receive copies of the reports as submitted by the District Judge, Jehanabad, was with a purpose. Truly, he submitted, the purpose was that he would have discussed the reports with the highest authorities of the State. Truly, he submitted, the purpose was that he would have discussed the reports with the highest authorities of the State. He drew the attention of the Court that regard being had to the circumstances of a press report which appeared in one of the news papers 31/08/2000 having been given by the Director General of Police, the purpose of the first adjournment was not served. He submitted that now he would have to seek another adjournment so as to consider the possible course now left upon to the State of Bihar for taking an action on the two reports of the District Judge, Jehanabad. As the Advocate General of Bihar seeks further adjournment, the Court is granting it. This matter may now come after the Durga Puja vacation on 20 Oct., 2000. The reports of the District Judge, Jehanabad, i.e., preliminary report dated 5/08/2000 and final report dated 24/08/2000 are brought on record. The photographs in the sealed envelope shall remain sealed. Put up on 20 Oct., 2000 before this Bench." 5. Then, during the pendency of the case it was brought to the notice of the Court that the Director General of Police gave a press statement to the effect that the police had done no wrong and, in fact, certified the police action. This matter was brought to the notice of the Advocate General. The Advocate General stated that any statement made by a high dignitary in his official capacity by an interview to the press, may be treated as his personal views and the Government views the Senari incident with concern. The incident at Senari was accepted as actually happened. The order of 10 Nov., 2000 in this regard is relevant. It is reproduced : "The learned Advocate General in reference to the order of 15 Sept., 2000 made statement on behalf of the State of Bihar. He has stated that he has instruction to state that if any statement has been made by a high dignitory in his official capacity by an interview to the Press, the Government views the situation as the views being personal to the official and not of the State Government. The learned Advocate General stated that he has instructions to state that the Government would like to join the Court to express concern. The learned Advocate General stated that he has instructions to state that the Government would like to join the Court to express concern. He further stated that he would like to make submissions on the tragedy that there was at Senari and to apprise himself with the entire record. He desires an adjournment until 23 Nov., 2000. Put up on 23 Nov., 2000." 6. Thereafter, the matter was adjourned on several occasions. Then on 12 Dec., 2000 the Advocate General stated that the State is having the matter enquired into independently notwithstanding the report of the District Judge, Jehanabad as there are rival First Information Reports on record. The statement of the Advocate General was recorded in the order of 4-12-2000. This order is reproduced : From todays statement of the learned Advocate General, on instructions from the Government, it is clear that nothing tangible has been done to take seriously the Senari incident. From the two reports of the District Judge, Jehanabad, the preliminary and the final, it is clear that women were beaten indiscriminately. Adjournment after adjournment has been granted by the Court to the State counsel to show some seriousness. The matter has been stretched even on requires on behalf of the Government that they will consider the matter seriously on what exactly is to be done and how the State Government views the situation that women have been beaten. An oral statement has been made on behalf of the Government through the Advocate General that the State Government will yet have the matter enquired through its Criminal Investigation Department as there are rival First Information Reports on record. All this means that as of that nothing has been done. Nothing has stopped the State from making these enquiries in pursuance of whichever First Information Report. It is not that the women were not beaten and can there a cause to beat them ? It was for the State Government to find out the culprits indulging in women beating. Now the threads to the clues and identities are attempted to be lost with yet another adjournment. The matter then gets adjourned again. It would best that what is being indicated to the Court be stated on an affidavit by the Home Secretary, Government of Bihar, Patna, so that the statement made at the Bar may come on the record. This is a serious human rights violation matter. The matter then gets adjourned again. It would best that what is being indicated to the Court be stated on an affidavit by the Home Secretary, Government of Bihar, Patna, so that the statement made at the Bar may come on the record. This is a serious human rights violation matter. Place, as desired, to Thursday next." 7. Then, there was half hearted attempt to accept the responsibilities but the matter was treated lightly. The incident at Senari and beating of the women which took place was not made an issue. It was stated on behalf of the Government that those who are part of the police force in re. the incident at Senari has been transferred out of the jurisdiction of the village and the cases have been handed over to the Criminal Investigation Department. The statement of the Advocate General as recorded on 19 Dec., 2000 is reproduced : "The learned Advocate General intimates the Court that the State Government has taken two decisions (a), that those, who were part of the police force, re. Senari incident, have been transferred out from Arwal police district and (b) the cases have been handed over to the Criminal Investigation Department (CID) for investigation by the State Government. In so far as the statement on behalf of the State Government is concerned, the Court at present is not making any comments. Let this matter be put up for consideration on 15/01/2001. But the Court expects that the Government will take this matter little more seriously than it has been taken note of in the past. List on 15 Jaunary, 2001." 8. Thereafter, the proceedings of the case show mere adjournment were being taken. The inquiry which was set in motion by the State Government was dragging. The Court was being indicated that the personnel who are part of the police or para-military personnel who entered the Senari village have taken leave and, thus, the enquiry is being stretched. In this regard, the order of the Court dated 18/04/2001 and 14/05/2001 are relevant. These are reproduced : "18-2-2001. Today , a list of the police or para-military personnel who entered Senari village has been filed by a second supplementary counter affidavit affirmed by Addl. Secretary, Home (Special) Department, Govt. of Bihar. In this regard, the order of the Court dated 18/04/2001 and 14/05/2001 are relevant. These are reproduced : "18-2-2001. Today , a list of the police or para-military personnel who entered Senari village has been filed by a second supplementary counter affidavit affirmed by Addl. Secretary, Home (Special) Department, Govt. of Bihar. The list placed before the Court refers to 20 personnel of the Bihar Police, two sets of Central Reserve Police Force (CRPF), both of 21 personnel. The Advocate General is present. Mr. R.K. Dutta, S.C. IV has mentioned that in the list as is appended as Annexure G the personnel mentioned, have not been examined. The manner in which the investigation is being conducted by the Government of Bihar is a matter of concern for the Court. The incident is of 27-7-2000. Today, it is mid April, 265 days have passed and if the inquiry and investigation relates to police and para-military forces, it should have been completed. More startling is the aspect that while the inquiry is being conducted by the Government of Bihar, the personnel have been permitted to be posted out and some of them have gone on long leave. Thus, today, the Court asked the following three questions. (i) Who ordered the C.R.P.F. to come to Senari village ? (ii) Who gave directions to station them out of Jehanabad ? (iii) Who granted leave to the personnel during the course of inquiry during investigation ? Mr. Dutta, learned S.C. IV requested the Court that the matter be adjourned for a fortnight. This case is adjourned accordingly, for a fortnight. Let a copy of this order may be given to the State Counsel today." "14-5-2001. This matter is getting unncessarily dragged and is keeping the Court away from considering further steps. Adjournments are sought because the State of Bihar is examining or investigating cross allegations in First Information Report. But, the fact of the matter is, now it is becoming clear, that in addition to the police two platoons of the Central Reserved Police Force entered Senari village. While the State contends that it is investigating the matter, it is also on the record that simultaneously the members of the CRPF who are part of the platoons seem to be taking earned leave of sixty days each, thus, hampering any investigation which the State may be conducting. While the State contends that it is investigating the matter, it is also on the record that simultaneously the members of the CRPF who are part of the platoons seem to be taking earned leave of sixty days each, thus, hampering any investigation which the State may be conducting. The incident which happened at Senari and the fact that women were beaten is not fiction. On whatever learned Advocate General has to submit, an adjournment is desired until after the Summer Vacation with a request that this matter be posted during the week when the Court reopens. Thus, list during the week of 19 June, 2001." 9. By the time June, 2000 arrived and the matter was listed on 25/06/2001, one of the State counsel appearing in the case stated that the Criminal Investigation Department (CID) is questioning the veracity of claims in the incident particularly that the private parts of women received injuries. This was not the context of the inquiry. The Court indicated to counsel the fact that women were beaten is not in issue. The issue to be inquired into is who beat them. The photographs which had been taken by the judicial officers who conducted the inquiry had been sealed by the Court. This was done to protect the identity and the modesty of the women. The photographs have been sealed because the women were half naked. The State of Bihar was clearly making an effort to purchase time as if to dilute the significance of incident knowing that public memory is effaced with time. The State of Bihar forgot that they have no "advisory" in the case. The village women of Senari who were beaten, having subjected themselves to inquiries and investigations ordered by the Court as also by the police, now suffered the memories of the incident. 10. As nothing concrete and tangible was coming from the State of Bihar on 9 Nov., 2001 the Court had the sealed photographs opened and placed them at the Bar so that the State counsel present in the Court could see themselves the injuries which had been inflicted on the women and compare the injuries with the reports which have been submitted by the District Judge whether the preliminary or the final report. The Senari incident not a concocted one. It was not the figment of anybodys imagination. The Senari incident not a concocted one. It was not the figment of anybodys imagination. It was violence at the hands of the police wherein the women were beaten. The injuries have been catalogued against each woman who was examined by the State doctors in the presence of the Judicial Officers. By the time the second round of photographs had been taken the injuries were surfacing on the skin whether inflicted by rifle butt, baton and lathies. The black, blue and red of injuries is clearly visible to the naked eye. 11. The only short defence before the Court was that the husbands and the sons of the women were culprits and criminals and they were being shielded in by these women who were preventing their arrest. This may be true or it may be incorreccct. The question arises why should the women be beaten. It was stated before the Court that this action of the police was in self defence as they had resorted to stone throwing. The question is whether the women were beaten at arms length. 12. The two reports of the District Judge, Jehanabad are in detail. It names each woman who was beaten. It refers to injuries report of State doctors. The only difference is that this was an inquiry report ordered by the Court and the inquiry which was conducted by the District Judge with a team of judicial officers as also State doctors examining the injured women who may become the subject matter of yet another investigation. But, what use will an investigation be now ? The scar of injuries had disappeared. The hurt only remained in the mind. No respect was shown by the police to women. It is not the case that the police had recorded to firing. The privacy of women in Senari was invaded. It was a face to face confrontation. The police used their rifles, batons and lathies, and then claimed that it was used in self defence. The women had resorted to defending themselves with their pots and pans. But, why this bestiality and boorishness in beating up women, just because the men were not available ? This was a clear case of violation of human rights and also a case of disregard for the rights of illiterate poor women in rural Bihar. The women had resorted to defending themselves with their pots and pans. But, why this bestiality and boorishness in beating up women, just because the men were not available ? This was a clear case of violation of human rights and also a case of disregard for the rights of illiterate poor women in rural Bihar. This incident at Senari shows when it comes to police dealing with the weak and women, beating takes a sadistic form far outside the limits of correct police procedure. 13. This matter cannot ligner at the High Court as public justice expects that at least that which the High Court can do should be done. On record are names of the women. The injuries have been classified as serious, grievous hurt and simple. The women have been enlisted as below. 14. Those who received serious and grievous hurt injuries are (1) Manju Devi (2) Surajmani Devi (3) Mithilesh Devi (4) Chinta Devi (5) Shakuntla Devi (6) Neetu Kumari (7) Suman Kumari (8) Bal Keshwar Devi (9) Urmila Dei (10) Krishnamani Devi and (11) Gayatri Devi. Those who received simple injuries are (1) Anju Devi (2) Girija Devi (3) Balkeshwar Devi (4) Mithilesh Devi wife of Mahes Sharma (5) Kaushalya Devi alias Sushila Devi (6) Sharda Devi (7) Vijay Laxmi (8) Sheela Devi (9) Anandi Devi (10) Devmani Devi (11) Manorma Devi (12) Radha Devi (13) Bramha Devi (14) Prince Kumar (15) Bina Devi (16) Sunit Sinha (17) Safalta Kumari (18) Chinta Devi (19) Kalawati Devi (20) Dharam Sheela Devi (21) Neelam Devi (22) Jaimali Devi (23) Pramila Devi (24) Shanti Devi (25) Awadh Sao (26) Suresh Sharma (27) Jai Prakash (28) Ram Jhari Devi (29) Jyoti Devi (30) Pratima Kumari and (31) Sabya Kumari. 15. In the circumstances the Court feels that such of those who received serious and grievous hurt injuries will be entitled to the compensation of Rs. 10,000.00 (Rupees ten thousand) and those who received simple injuries will be entitled to the compensation of Rs. 5000.00 (Rupees five thousand). This compensation will be deposited with the District Magistrate, Jehanabad within two months from today. Thereafter, on verification by a Board which shall constitute of the District Magistrate, Jehanabad and the District Judge, Jehanabad, the compensation will be distributed to these women. 16. 5000.00 (Rupees five thousand). This compensation will be deposited with the District Magistrate, Jehanabad within two months from today. Thereafter, on verification by a Board which shall constitute of the District Magistrate, Jehanabad and the District Judge, Jehanabad, the compensation will be distributed to these women. 16. The photographs which are lying on record shall now be the part of the record as they are part of the tragic incident at Senari where it has been established that women were beaten brutally by the police which entered their village. Some of these photographs have taken exposure of naked women. Copies of these photographs will not be issued to the Press nor published. But, should they need to be seen by any further inquiry or investigation this record will be available. Thus, the suo motu action succeeds with directions as above. 17. It will be only appropriate that a copy or a facsimile of the entire record be sent to the Human Rights Commission because the Commission had also been concerned at the violence which occurred at the hands of the police at Senari. The photographs of the women taken when injuries were fresh are part of the record. The High Court requests the Human Right Commission that these photographs may not be made public to protect the identity of the women. 18. AFTAB ALAM, J. :- I agree. Order accordingly.