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2024 DIGILAW 373 (UTT)

Kanta Prasad v. State of Uttarakhand

2024-05-21

RAKESH THAPLIYAL, RITU BAHRI

body2024
JUDGMENT : Ritu Bahri, C.J. The present PIL has been filed with respect to an incident which took place on 11.06.2023. On that day, when Pankaj, S/o Suresh, aged about 30 years, R/o Village Belada, P.S. Kotwali Roorkee, District Haridwar was coming home from his work at around 11:00 PM, he was murdered. On 12.06.2023, an FIR, bearing FIR No.396 of 2023, was registered at P.S. Kotwali Roorkee, District Haridwar, under Section 304 IPC. The police released two minor children and three women after registering the case at 03:00 in the night. 2. Thereafter, the first FIR, bearing FIR No.393/2023, was registered by S.I. Karamveer Singh at P.S. Kotwali Roorkee, on 12.06.2023, under Sections 147, 148, 341, 353, 392 and 511 IPC against 14 named and 100-150 unknown persons, out of which, four named persons were sent to jail by the Court on 13.06.2023. 3. On 12.06.2023, another FIR, bearing FIR No.394 of 2023, was registered by S.I. Baru Singh Chauhan, at P.S. Kotwali Roorkee, under Sections 147, 148, 149, 307, 322, 353, 427, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, 1934, against 29 named persons, out of which, 12 were sent to jail by the Court on 13.06.2023. 4. Thereafter, the third case was registered by S.I. Deep Kumar at P.S. Kotwali Roorkee, District Haridwar, bearing FIR No.395 of 2023, under Sections 147, 148, 149, 307, 332, 333, 353, 427, 436, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, 1934 and Section 3/25 of the Arms Act, naming 13 other accused, and 200-300 unknown persons, out of which, 14 were sent to jail by the Court on 13.06.2023. 5. On 22.07.2023, as per the petitioner, Kotwali Roorkee police wreaked such havoc and brutality upon Pramod, S/o Harphool; Pramod, S/o Dharampal, and other innocent Scheduled Caste persons. The condition of Pramod, S/o Harphool became so serious that he was admitted to AIIMS Rishikesh by the jail police, where he died on 22.07.2023. Pramod, S/o Dharampal had fracture in one hand, and in one leg, and even after getting the treatment order by the Court, the jail police did not admit him to the hospital due to which, he suffered unbearable pain. 6. On notice of this writ petition, a response affidavit has been filed on behalf of the Senior Superintendent of Police, Haridwar, dated 18.03.2024, by Mr. G.D. Pant, Circle Officer, Roorkee. 6. On notice of this writ petition, a response affidavit has been filed on behalf of the Senior Superintendent of Police, Haridwar, dated 18.03.2024, by Mr. G.D. Pant, Circle Officer, Roorkee. It is stated in the affidavit that deceased Pramod, S/o Harphool Singh was arrested and was taken in custody on 13.06.2023 at Sub-jail Roorkee, District Haridwar in respect of two different criminal cases, i.e. Case Crime No.394 of 2023, under Sections 147, 148, 149, 307, 332, 353, 427, 504 and 506 IPC and Section 7 of the Criminal Law Amendment Act, and, Case Crime No.395 of 2023, under Sections 147, 148, 149, 307, 332, 353, 427, 504 and 506 IPC and Section 7 of the Criminal Law Amendment Act. Subsequent to his arrest and taken in custody at Sub-jail Roorkee, District Haridwar, the prisoner Pramod reported some ailment due to which on the advice of the Medical Officer (Prison), he was admitted to Jail Hospital from 14.06.2023 to 19.06.2023. Thereafter, on 19.06.2023 at about 04:45 AM, on the urgent medical reference of the Incharge Medical Officer (Prison), he was referred to Civil Hospital Roorkee, where he was admitted. 7. Thereafter, on 19.06.2023, the prisoner Pramod was referred from Civil Hospital, Roorkee to AIIMS Rishikesh, where he was admitted in the emergency department of AIIMS Rishikesh in the night of 19.06.2023 itself. He remained in AIIMS Rishikesh from 19.06.2023 to 14.07.2023, and was discharged from AIIMS Rishikesh on 14.07.2023. He was called for follow up after two weeks. On 22.07.2023, he again complaint with respect of blood in his stool and swelling on both legs, as such the In-charge Medical Officer (Prison), Sub-jail Roorkee referred him for urgent follow up to AIIMS Rishikesh. On 22.07.2023 itself, during the treatment at AIIMS Rishikesh, the prisoner Pramod died and the concerned police personal engaged on his security duty informed about the same at about 05:40 PM, on 22.07.2023 to the Sub-jail Roorkee. 8. It is further stated in the affidavit that immediately after the receipt of the intimation regarding the death of prisoner Pramod during his treatment at AIIMS Rishikesh, the Superintendent, Sub-jail Roorkee, District Haridwar, on 22.07.2023 itself, through radiogram message informed about the same to the National Human Rights Commission, New Delhi; State Human Rights Commission, Dehradun; Secretary, Home, Uttarakhand Government; Inspector General, Prison, Uttarakhand, Dehradun; District & Sessions Judge, Haridwar; District Magistrate, Haridwar, and; Superintendent of Police, Haridwar. 9. 9. It is further stated in Paragraph No.7 of the affidavit that immediately on 23.07.2023, the postmortem of the deceased Pramod, S/o Harphool Singh was conducted at AIIMS Rishikesh by a panel of three Doctors and videography of the same was also done. As per the postmortem report, there was no external injury present on the body of the deceased. As per postmortem examination report, the panel of Doctors opined that the death is due to alcoholic cirrhotic liver disease and its complications. Viscera was preserved to rule out any concomitant poisoning. Copy of the postmortem report is annexed as Annexure-2 to this affidavit. 10. Thereafter, a request was made by the Superintendent, Sub-jail Roorkee, District Haridwar to the District and Sessions Judge, Haridwar. The Chief Judicial Magistrate, Haridwar vide order dated 08.08.2023 (Annexure- 3) under Section 176 of the Code of Criminal Procedure, directed the Additional Chief Judicial Magistrate, Roorkee to conduct a judicial inquiry in the matter and submit the inquiry report within a period of eight days. 11. Thereafter, the Inquiry Officer/ Additional Chief Judicial Magistrate, Roorkee, District Haridwar conducted the inquiry in the matter and during the course of inquiry, the Inquiry Officer collected the concerned records, including the medical records and postmortem report of the deceased. The Inquiry Officer after recorded the statements of the witnesses, and after going through the documentary record, the medical report and postmortem report of the deceased, submitted its report on 17.08.2023 (Annexure-4) and came to the conclusion that the under trial prisoner Pramod died due to liver disease. 12. The report of the Inquiry Officer dated 17.08.2023 was placed on record pursuant to the directions given by this Court on 01.03.2024. Thereafter, on 19.03.2024, the respondents were given direction to get instructions whether the person who died in judicial custody, his family was informed from the date of his admission in jail hospital till the date he remained in AIIMS Rishikesh. 13. Pursuant to the above-said order dated 19.03.2024, a response affidavit dated 15.04.2024 has been filed on behalf of the Senior Superintendent of Police, Haridwar. 13. Pursuant to the above-said order dated 19.03.2024, a response affidavit dated 15.04.2024 has been filed on behalf of the Senior Superintendent of Police, Haridwar. In Paragraph No.6 of this affidavit, it is stated that on 19.06.2023, the family members of the prisoner Pramod was informed about the same by P.S. Kotwali Roorkee, District Haridwar, and this information was duly signed by uncle- Shekhar Chand and brother- Vragpal, of the prisoner Pramod, and is evident from the receipt of information dated 19.06.2019 (Annexure Nos.2 and 3). 14. In Paragraph No.7 of the response affidavit dated 15.04.2024, it is further stated that when the prisoner Pramod was admitted in the AIIMS Rishikesh from 19.06.2023 to 14.07.2023 (for 25 days), the family members of prisoner Pramod were present from 19.06.2023 to 14.07.2023 to look after Pramod till he remained admitted in Sub-District Hospital, Roorkee, District Haridwar and thereafter, in AIIMS Rishikesh. 15. In Paragraph No.8 of the affidavit, it is further stated that prisoner Pramod complained about blood coming in his stool and swelling on both the legs, and he was referred for urgent follow up to the AIIMS Rishikesh. Thereafter, vide letter dated 22.07.2023 (Annexure-4), a request was sent to the Station House Officer, P.S. Kotwali Roorkee, District Haridwar to immediately inform the family members of prisoner Pramod about his death. After receiving the said letter/ radiogram message dated 22.07.2023, P.S. Kotwali Roorke immediately informed the family members of the prisoner- Pramod about his death. Hence, all the family members were duly informed when the prisoner Pramod was admitted for his treatment at Sub-District Hospital, Roorkee, and thereafter, in AIIMS Rishikesh. 16. After going through this response affidavit dated 15.04.2024, it is clear that all the family members of deceased Pramod had been informed in time, and they were with him to look after him when he was admitted in AIIMS Rishikesh from 19.06.2023 till 14.07.2023 (for 25 days). Further, as per the postmortem report (Annexure-2) as well as the inquiry report dated 17.08.2023 (Annexure-4), the cause of death of prisoner Pramod was on account of liver disease, and there was no external injury on the body of the deceased. The postmortem of the prisoner Pramod was conducted by a panel of three doctors. 17. Further, as per the postmortem report (Annexure-2) as well as the inquiry report dated 17.08.2023 (Annexure-4), the cause of death of prisoner Pramod was on account of liver disease, and there was no external injury on the body of the deceased. The postmortem of the prisoner Pramod was conducted by a panel of three doctors. 17. On account of registration of above-said FIRs, earlier also Writ Petition (PIL) No.91 of 2023 was suo motu initiated by this Court, and after doing the necessary inquiry with the assistance of Secretary, District Legal Services Authority, Haridwar, the said writ petition was disposed of on 16.06.2023, and even the said writ petition was relating to the same incident. 18. Keeping in view the above-said facts, no case is made out to keep this PIL pending. 19. In view of the above, the writ petition is disposed of. However, liberty is always with the family members of the deceased Pramod to take any other steps in accordance with law, if so advised. 20. Pending application, if any, also stands disposed of.