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2020 DIGILAW 604 (GUJ)

Suyah Sahay v. State of Gujarat

2020-07-07

J.B.PARDIWALA, VIKRAM NATH

body2020
ORDER : 1. By this writ application under Article 226 of the Constitution of India, the writ applicant, a law student and resident of Vadodara, has prayed for the following reliefs: “11.1 Your Lordship may be pleased to admit and allow this petition. 11.2 Your Lordship may be pleased to issue a writ of mandamus and/or certiorari or in the nature of mandamus or certiorari or any other appropriate writ, order or direction to the respondents institute an enquiry against all police personnel who were present a the traffic points along the route of the rally but failed to stop or report the same. 11.3 Your Lordship may be pleased to issue a writ of mandamus and/or certiorari or in the nature of mandamus or certiorari or any other appropriate writ, order or direction to the respondents to take appropriate action as is available in law for cancellation of bail and/or such other actions permissible in law. 11.4 Your Lordship may be further be pleased to direct the respondent state to formulate appropriate mechanisms and tutorials to sensitize the Police personnel to avert such incidences in future. 11.5 For further such reliefs as the nature and circumstances of the case may require.” 2. The writ applicant is a fifth year law student studying in the Maharaja Sayajirao Gaekwad University at Vadodara. The writ applicant has brought to our notice an incident, which could be termed as very shocking and disgusting. 3. The case put up by the writ applicant, in public interest, in his own words, as pleaded in the memo of this writ application, is as under: “4.1 The petitioner most humbly submits that on 04.06.2020 a video went viral on social media showing one Suraj alias Sui Kahar an accused in murder case and a history sheeter, being led out in a rally in an open roof Audit car accompanied by about 20 to 30 two wheelers whose occupants were shouting and honking, leading the accused who was granted bail, from jail to his residence. The said incident was also reported in all major dailies of Vadodara and the same was given wide coverage on the visual media in almost all the news channels. The said incident was also reported in all major dailies of Vadodara and the same was given wide coverage on the visual media in almost all the news channels. 4.2 The petitioner being aggrieved by this rampant glorification of an accused in criminal cases, enquired further into the matter by going through the video and the newspapers and aggrieved by this glorification of criminal is constrained to file the present petition. 4.3 It is humbly submitted that the accused namely Suraj alias Sui Kahar was involved in an incident of a road rage on 23rd February 2020, the victim Keval Jadav who had overtaken the accused near Kaladarshan char rasta, was stopped and beaten mercilessly by the accused and his accomplices and the victim later died in hospital due to internal injury. The police subsequently filed an F.I.R. being No. 11196017200135/2020 against Suraj Kahar and others under I.P.C. 143, 146, 323 and 302. After the gruesome incident the accused was arrested and was remanded to judicial custody at Vadodara central jail. The accused was subsequently released on bail on 4th June 2020. 4.4 It is humbly submitted that many friends of the accused gathered at the Central Jail, Vadodara to receive the accused on being released. It is humbly submitted that as appears from the video, the said friends appear to have arranged for the accused to occupy an Audi make Car and the accused was standing in the car with half his body out of the roof and the friends of the accused took out a rally from Vadodara Central Jail compound to Warasiya area, about 6 kms from the jail. The accused and his friends were shouting and honking horns and creating a ruckus all along the route. It appears from the video that about 26 seconds in the video a police vehicle passed by but no attempt was made to stop the rally. The video further shows that on reaching the destination, the accused was lifted on shoulders and taken to his residence. The said video ends with a dialogue from Film Vastav. 4.5 It is humbly submitted that this video went viral on social media and subsequently after a couple of days the police on 08.06.2020 have filed an F.I.R. for flouting police notifications and for taking out a rally and have arrested some of his friends but the accused Suraj Kahar is till date absconding. 4.5 It is humbly submitted that this video went viral on social media and subsequently after a couple of days the police on 08.06.2020 have filed an F.I.R. for flouting police notifications and for taking out a rally and have arrested some of his friends but the accused Suraj Kahar is till date absconding. 4.6 It is humbly submitted subsequent media reports indicate that the said accused is a history sheeter and was released on bail due to the suppression of information relating to the earlier F.I.R. by the police as is reported in Sandesh Newspaper dated 12th June 2020. 4.7 It is humbly submitted that as it appears from the News reports that the accused was released on bail based on the suppression of facts regarding the earlier F.I.R. lodged against the accused.” 4. We took up this matter very seriously and passed the following order dated 26th June 2020. The order reads thus: “Let this matter be listed on 06.07.2020. In the meantime, Shri Devnani, learned APP/AGP, who has stated that he has received instructions, may file a counter affidavit of the concerned Officer and serve a copy of the same on the counsel for the petitioner and also provide us latest by Saturday i.e. 04.07.2020.” 5. In response to our order referred to above, an affidavit-in-reply has been filed on behalf of the respondent No. 2 duly affirmed by one Shri F.R. Rathava, Police Inspector, Panigate Police Station, Vadodara. The relevant averments made in the affidavit-in-reply reads thus: “6. It is humbly submitted that the issue pertains to a rally which was taken out from Vadodara Central Jail to Varasiya more particularly the address of the offender at Shitla Mataji Temple which is the place of residence of the offender. It is true that the rally was carried out by the offender along with approximately fifteen bikes wherein the offender was travelling in a red Audi car and is seen coming out from the sunroof of the car. 7. It is true that the rally was carried out by the offender along with approximately fifteen bikes wherein the offender was travelling in a red Audi car and is seen coming out from the sunroof of the car. 7. It is submitted that an offence came to registered against the offender under Section 302, 143, 146, 323 of the Indian Penal Code whereby the allegation in nutshell were that an altercation took place between the victim and the accused persons including the offender when they were travelling in an ECCO car and on account of this scuffle on account of over take took place, kick and fist blows were given to the body of the deceased when he complained of chest pain and was taken to SSG hospital the victim was declared dead. 8. It is humbly submitted that the investigating officer applied for remand of the offender and while making an application of remand the antecedents of the offender were submitted to the Hon'ble Court. A copy of remand application along with list of antecedents produced before the Hon'ble Court is annexed hereto and marked as Annexure-R2. 9. It is submitted that the investigating officer also filed an affidavit opposing the bail application of the offender before the Hon'ble Trial Court. It would be appropriate to submit that it is true that in the typed column the Investigating Officer through oversight has mentioned no in the column of antecedents but in the body of the affidavit filed it is clearly mentioned that the offender has criminal antecedents and offences under the Prohibition Act and offences against body are registered under the offender with City, Kishan Wadi, Harni, Jawaharnagar, Bapod Police Stations. It is also mentioned in the affidavit that the preventive actions like externment are taken against the offender. A copy of the affidavit opposing the bail application of the offender before the Hon'ble Trial Court is annexed hereto and marked as Annexure-R3. 10. It is humbly submitted that as far as the antecedents against the offender are concerned, the same were brought to the notice of the Hon'ble Trial Court at the time of seeking remand and also at the time of opposing bail application. 11. 10. It is humbly submitted that as far as the antecedents against the offender are concerned, the same were brought to the notice of the Hon'ble Trial Court at the time of seeking remand and also at the time of opposing bail application. 11. It is humbly submitted that the investigating agency had moved an application seeking cancellation of the bail granted to the offender mainly on the ground that despite being released from an offence of 302 the offender moved in the city in breach of the notification issued by competent authority which had a cascading effected on the society and as the offender failed to comply with the condition of marking presence. A copy of the application addressed to the Ld. Public Prosecutor of Vadodara city dated 15.06.2020 is annexed hereto and marked as Annexure-R4. An application is already filed with the Hon'ble Districts and Sessions Judge, Vadodara being Criminal Misc. Application No. 1063 of 2020 and the same is pending. 12. It is humbly submitted that as the offender along with his accomplice had not followed the notification issued by the Commissioner of Police another offence came to be registered against the offender with DCB Police Station being CR No. I-45/2020. A copy of the FIR is annexed hereto and marked as Annexure-R5. 13. It is humbly submitted that the offender was absconding after registration of the FIR with DCB Police Station and he is apprehended on 27.06.2020 in connection with the offence registered with the DCB Police Station. The offender absconding and was apprehended by PCB officers at Rajpipla. 14. It is humbly submitted that a proposal was also moved for detention of the offender under the provisions of Prevention of Anti Social Activities Act, and the offender is detained under the PASA Act on 27.06.2020. A copy of detention order is annexed hereto and marked as Annexure-R6. 15. It is humbly submitted that the police machinery has taken all steps to see that the offender is arrested and detailed for his activities and further undertakes to proceed in all manner as directed by this Hon'ble Court in the interest of justice.” 6. Mr. A copy of detention order is annexed hereto and marked as Annexure-R6. 15. It is humbly submitted that the police machinery has taken all steps to see that the offender is arrested and detailed for his activities and further undertakes to proceed in all manner as directed by this Hon'ble Court in the interest of justice.” 6. Mr. Acharya, the learned counsel appearing for the writ applicant vehemently submitted that this writ application filed in public interest is to highlight the serious lapses on the part of the police machinery in maintaining the law and order in the city of Vadodara. Mr. Acharya would submit that an accused of an offence of murder with antecedents had the audacity of taking out a rally in the city of Vadodara as soon as he was released from the jail premises on the strength of the order of bail passed by the Sessions Court at Vadodara. Mr. Acharya would submit that it is very disgusting to watch the video of the rally which has gone viral across the State of Gujarat. It is pointed out by Mr. Acharya that the accused was arrested in connection with an offence of murder. The accused is a history sheeter. It is pointed out that the accused was ordered to be released on bail by the Sessions Court at Vadodara so far as the offence of murder is concerned. It is pointed out that no sooner the accused came out of the jail premises, then his friends around 15 to 20 in number reached the jail premises to receive him. It is pointed out that thereafter, the accused was put in a AUDI car with the sunroof open and the accused standing in the car with his upper portion out of the sunroof moved around in the city of Vadodara. The AUDI moved around at few places in Vadodara with the friends of the accused on their motorcycles. It is submitted that despite the fact that this rally passed through many important junctions in the city of Vadodara, the police took no appropriate steps to intercept the AUDI and the motorcycles. 7. Mr. Acharya, in the last, pointed out that the accused is now administering the threats to the mother of the deceased through a very senior police officer posted in the city of Vadodara. The mother is being pressurized to settle the matter with the accused. 7. Mr. Acharya, in the last, pointed out that the accused is now administering the threats to the mother of the deceased through a very senior police officer posted in the city of Vadodara. The mother is being pressurized to settle the matter with the accused. 8. In such circumstances referred to above, Mr. Acharya prays that this Court may take appropriate action in accordance with law in larger public interest. 9. Mr. Devnani, the learned A.G.P. appearing for the State respondent submitted that the facts of this litigation are very gross and the State has taken up this issue very seriously. Mr. Devnani, with his usual fairness, pointed out that the accused concerned is a history sheeter. He pointed out that his past antecedents and his overall character was not taken into consideration by the Sessions Court while releasing him on bail in connection with an offence of murder. Mr. Devnani very fairly accepted that while opposing the bail application in the Sessions Court, the concerned Investigating Officer should have filed a detailed affidavit pointing out various offences registered against the concerned accused. Mr. Devnani, however, clarified that in one of the columns of the affidavit filed by the Investigating Officer, there is a mention of the fact that the accused is a history sheeter. 10. Mr. Devnani pointed out that an F.I.R. has been registered against the accused and his friends for the offence punishable under Section 188 of the Indian Penal Code i.e. for the breach of the notification issued by the Police Commissioner of Vadodara. Mr. Devnani pointed out that the accused concerned along with his friends came to be arrested in connection with the F.I.R. lodged against them for the offence punishable under Section 188 of the I.P.C. Mr. Devnani pointed out that thereafter, a preventive detention order came to be passed detaining the accused as a dangerous person under the provisions of the PASA Act. 11. It is brought to our notice that as on date, the concerned accused is in jail as a PASA detenue. 12. Mr. Devnani submitted that appropriate action shall also be taken against all those erring police officers and that the State shall see to it that no police officer administers any threat to any of the family members of the deceased for the purpose of settling the matter. ANALYSIS: 13. 12. Mr. Devnani submitted that appropriate action shall also be taken against all those erring police officers and that the State shall see to it that no police officer administers any threat to any of the family members of the deceased for the purpose of settling the matter. ANALYSIS: 13. Having heard the learned counsel appearing for the parties and having gone through the materials on record, we may only say that what has been brought to our notice is indeed very shocking and disgusting. The city of Vadodara is known for its rich heritage history and culture. At one point of time, it was a princely State ruled by Maharaja Sayajirao Gaekwad. The police officers should have immediately taken appropriate action by intercepting the vehicles and arresting all the persons, who were on the streets, as if they were returning to their respective homes after wining a brave battle. 14. In any view of the matter, appropriate steps have been taken against the main accused and his accomplices. We expect the State Government to inquire whether any police officer is directly or indirectly involved in this entire episode. If the inquiry reveals any type of involvement direct or indirect, then appropriate action shall be taken in accordance with law. 15. We do not propose to express any opinion so far as the order of bail is concerned. If the State is of the view that the order of bail is not in accordance with law or the concerned Court ought not to have exercised its discretion in favour of the main accused, then it is for the State to take appropriate steps in this regard at the earliest. 16. We direct the State to ensure that none of the family members of the deceased is harassed in any manner or are threatened in any manner to settle the dispute with the main accused. 17. With the above observations and directions, this writ application is closed and is disposed of.