Madhya Pradesh High Court
Santan Rai @ Pappu Rai vs The State Of Madhya Pradesh on 17 May, 2012
1
W. P. No.7426/2012
17.05.2012
Shri Parimal Chaturvedi, learned counsel for the petitioner.
Heard.
Four members of a journalist family including the journalist were murdered in the intervening night of 17.2.2012 at Umariya. Members were the journalist, his wife and two children. An F.I.R against unknown persons was lodged on 18.2.2012 vide Crime No. 80/2012. The nature of offence led the Director General of Police consitute a Special Task Force under the Inspector General of Police, Bhopal , the team comprised two members of Crime Investigation Department. Prize of Rs.15,000/- and Rs.25,000/- was declared for giving information of culprits. The investigation led to arrest of certain persons in the process whereof the deceased's driver Ramesh Yadav confessed the guilt. That the entire investigation was made known to the public through release of two press notes by the Superintendent of Police Umaria on 15.2.2012 and 1.3.2012. 2 The translated excerpts of two press release:
Press release dated 15.2.2012:
?kVuk dh xaHkhjrk dks ns[krs gw;]s iqfyl egkfuns'kd egksn; }kjk foospuk esa lgk;rk gsrq rRdky Jh vjfoanfrokjh vkbZ- th- Hkskiky ds usr`Ro esa ,l- Vh- ,Q- Hkksiky dh Vhe mefj;k Hksth xbZ ftyk Lrj ij Hkh iqfyl egkfujh{kd egksn; }kjk Hkh Vhe dk xBu fd;k x;k lkFk gh ,Mhth lhvkbZMh }kjk ds 02 lnL;h; ny fufj{kd ,l- ch- fetkZ ,ao fujh{kd lrh'k ekS;Z ks nl izdj.k dh foospuk esa lgk;rk gsrq Hkstk x;k vKkr vkjksfi;ksa dh lwpuk nsus okys dks iqfyl egkfufj{kd 'kgMksy tksu 'kgMksy }kjk 15 gtkj :i;s dh bZuke ? kksf"kr fd;k x;k vigj.k ds vijkf/k;ksa dk irklkth ds nkSjku lansgkLin eksckby dky fMVsy fudkys x;s ftudk fo'ys"k.k djus ij vkjksih vfer flag }kjk vigj.k esa mldh layXu ik;h xbZ ;g vkjksih vfer flag Jh gseUr vfj;k v/kh Msyh fMts deZpkjh gS vfer flag dh fgjklr esa ysdj iwNrkN dh xbZ rc vkjksih vfer flag }kjk vigj.k dk.M dh iwjh ?kVuk djuk dcwy fd;k x;k vr,o vigj.k dk.M dks 6 vkjksfi;ksa 1- gksexkMZ lSsfud fo/kk fuoklh frojh 2- vferflag 3- lquhy 4- euh'kdksjh 5- gjsUnz flag ,ao 5- jkt dks fxjQrkj fd;k x;k A gR;kdk.M esa ,lVh,Q,- vkbZth Jh vjfoan frokjh ,ao mudh Vhe ds }kjk dh xbZ iwNrkN ds vuwlkj bl vigj.k dk.M esa fxjQrkj vkjksfi;ksa esa ls 02 ckjkadi;ks gksexkMZ lSfud fo/kk fuokl ,ao vfer flaag o i=dkj pafnzdk jk; ,ao muds ifjtuks dh gR;k esa lfEefyr gksus ds rF; Lohdkj fd;s x;s gS A dy fnukad 23-2-2012 dks ,Mhthih ,Qlh,Q dk lat; pkS/kjh }kjk gsyhdkIVj ls mefj;k vkdj mudh ,lVh,e Vhe }kjk dh tk jgh dk;Zokgh ,ao iwNrkN dj voxr gksdj vk'or gw;s ,lMh,e ds }kjk dh xbZ iwNrkN ds eqrkfcd gksexkMZ lSfud fo/k 3 fuokl us crk;k fd i=dkj pafnzdk jk; dks vigj.k dh tkudkjh Fkh iqfyl ds nckc ds dkj.k tc vuar >kfj;k dks fcuk iSls fy;s NksaMuk iMk rc pafnzdk jk; }kjk Cysdesy fd;k tkuas yxk rFkk ,Dlikst fd;s tkus dh /kedh nh tkus yxh ,l-Vh-,e- ds }kjk dh xbZ iwNrkN ds eqrkfcd crk;k x;k fd pwWfd vfer flag dk fctyh dk dke djus pafnzdk jk; ds ?kj vkuktkuk gS blfy, ml ?kj ds dejs dh tkudkjh Fkh ,lVh,Q Vhe ds }kjk dh xbZ iwNrkN ds eqrkfcd pafnzdkjk; }kjk dh tk jgh Cysd esfyax ,ao ,Dlikst gksus ds Mj ls lSfud fo/kk fuoklh frojh ,ao vfer flag }kjk vius vKkr lkFk nkjkuks ds lkFk feydj fnukad 17-2-2012 le; 10-30 cts ls 01-00 cts ds chp pafnzdkjk; ds ?kj tkdj tSuy xsV [kqyokdj m,udh ,ao muds ifjokj dss lnL;ks dh fuxZe gR;kdj nh xbZ ekeys dh foospuk dh tk jgh gS vKkr vkjksfi;ks dh igpku dh tk jgh gS foospuk Vhe vHkh Hkh iwjh rRijrk ls ekeys dh vulqy>s dfM;ks dks lqy>kus es yxh gqbZ gS A gLrk@lgh iqfyl v/kh{kd ftyk mefj;k (English Translation) In view to gravity of the incident, a team of S.T.F. Bhopal led by Shri Arvind Tiwari T.I. was at once sent to Umariya by Director General of Police for providing assistance in investigation. Another team at district level was also constituted by Inspector General of Police. A team comprised of two members of C.I.D. i.e. inspector S. B. Mirja and 4 inspector Satish Mourya was sent by A.D.G., C.I.D. in order to assist in investigation of the instant case. A prize worth Rs. 15000/ was announced by Inspector General of Police, Shahdol zone to be awarded to a person disclosing whereabouts of unknown accused. In the course of search for accused of abduction, suspicious mobile call details were traced, which on analysis revealed the indulgence of accused Amit Singh in abduction. Accused Amit Singh is employed on daily wages subordinate to Shri Hemant Jhariya. Accused Amit Singh during interrogation in custody confessed committal of entire case of abduction. Thus Six accused of the abduction (1) Bidh Niwas Tiwari, Constable under Home guards [2] Amit Singh [3] Sunil [4] Manish Kori [5] Harendra Singh and [5] Raj were arrested.
In accordance with the interrogation conducted by S.T.F., I.G. Shri Arvind Tiwari and his team, two of the arrested accused i.e. Bidh Niwas Tiwari Constable under Home guards and Amit Singh have confessed their indulgence in murder of journalist Chandrika Roy and his family.
Yesterday on 23-02-2012, A.D.G.P. of S.T.F. 5 Sanjay Choudhary visited Umariya by helicopter and satisfied himself after being acquainted with the proceeding and interrogation conducted by his S.T.F. Team. As per the interrogation by the S.T.F.; Homeguards Constable Bidh Niwas Tiwari disclosed that journalist Chandrika Roy was aware of the abduction. Chandrika Roy began to blackmail and threat to expose us after release of Anant Jhariya under police pressure without obtaining ransom money. Amit Singh was acquainted with rooms of Chandrika Roy's house since he usually visited there in connection with electricity work. Under the fear of exposure and blackmailing by Chandrika Roy Constable Bidh Niwas Tiwari and Amit Singh alongwith their unknown accomplishes committed cold blooded murder of Chandrika Roy and their family members at their house after getting the channel gate opened amid 10.30 to 01.00 O'clock on 17-02 2012. The case is under investigation and remaining unknown accused are being identified. Investigation team is still engaged in diligent investigation of unsolved links of the matter.
Press release dated 1.3.2012 ?kVuk ds laca/k esa xfBr Vheksa }kjk fofHkUu foUnqvksa ij 6 Nkuchu fd;k x;k A foospuk ds nkSjku bl ckr dh tkudkjh yxh fd fnukad 18&2&12 dsk gR;k ds vijk/k ds mijkar e`rd pfUnzdk jk; ds [kkrs ls :i;s 3000 ;wfu;u cSad ds 'kgMksy 'kk[kk ls fudkyk x;k gS A lhlhVhoh QqVos;j izkIr dj iSlk fudkyus okys dh igpku ds fy, ;w)Lrj ij vfHk;ku pyk;k x;k vkSj igpku djkbZ xbZ rks igpku e`rd pfUnzdkjk; ds pkyd jes'k ;kno ds :i esa gqbZ A iwNrkN ij vkjksih us ckj&ckj vius lkFk&2 vU; vkjksfi;ksa dk ?kVuk esa 'kkfey gksus laca/kh rF; crk;s x;s] ftl ij iqfyl v/kh{kd euksgjflag }kjk rRdky lacaf/kr O;fDr;ksa ds fBdkus ij iqfyl ikVhZ Hkstdj ?kVuk fnuakd ,oa le; ds laca/k esa iwf" V djkbZ xbZ rFkk oSKkfud lk{; Hkh tqVk, x;s A vkjksih jes'k ;kno }kjk iwNrkN ds nkSjku crk;s x;s vuqlkj vU; O;fDr;ksa dk ?kVuk esa 'kkfey gksuk ugha ik;k x;k A vkjksih jes'k ;kno }kjk ckj&ckj iqfyl cy dks xqejkg djus ,oa 'kgMksy ds vjksfi;ksa }kjk ?kVuk es 'kkfey gksuk tks lR;kiu ij vlR; ik;k x;k A vr% dM~h iwNrkN ds ckn vkjksih jes'k ;kno us viuk vijk/k dcwy fd;k A vkjksih us crk;k fd fnukad 17&2&12 dks vodk'k ij tkus dk cgkuk djuk] jkr esa cl NwVus dk cgkuk dj] pfUnzdk jk; dh vuqifLFkfr esa ifRu iw"ikjk; ls jkf= esa vkfQl esa lksus dk cgkuk dj izos'k fd;k ,oa eWkxdj [kkuk [kk;k] ftls Jherh jk; }kjk iq= tyt jk; ls fHktokuk crk;k x;k A pfUnzdk jk; ds ?kj vkus ij iwNuas ij cl ds NwV tkus jkf+= :dus dh ckr crkdj dk;kZy; eas gh pfUnzdk jk; tks fd dqrkZ] yqazxh igus dk;kZy; esa Vh- Ogh- ns[krs le; yxHkx jkr djhc 11&30 cts ds vklikl yksgs ds ikbZi ls flj ij 4&5 ckj djuk ,oa ?klhVdj ihNs ds dejs esa dEcy ,oa isij ls <aduk ,oa ckn es lksrs esa gh ifRu iq"ik jk;7
ij dekuh ds iV~Vs ls 3&4 ckj djuk] tyt jk; ij lksrs esa ,oa iq=h usgk jk; ij lksrs esa yksgs ds iV~Vs ls 3&4 ckj flj ds duiVh ij fd;k tkuk crk;k ,oa iq=h usgk ds thfor jgus dh n'kk ea dSp a h ,oa gafl;k rFkk dkaVk ls okj djuk crk;k A ?kj dh vyekjh dk lkeku 20&22 rksyk lskuk] ,d iko pkanh] eksokbZy] uxn 18 gtkj :i;s yxHkx 7&8 yk[k :i;s eqY;oku lEifRr cSx esa Hkjdj jkf= 3&00 cts djhc ?kj esa ckgj ls rkyk can dj fudy x;k ,oa pkch lksuw gksVy ds ikl ds ikl V~hxkMZ esa Qsaddj vius cguksbZ ds ? kj lEifRr fNikuk crk;k A tks fd ,d cSx ftlesa lsokny dk;ZdrkZ lEesyu o"kZ 2003 dk pfUnzdkjk; dk gh gksuk crk;k A tks lkjh lEifRr vkjksih dx fu'kknsgh ij cjkenxh dh xbZ A ftlesa pfUndkjk; dh eksckbZy] Jherh iq"ik jk; dh eksckbZy ,oa iq= tyt jk; dh eksckbZy ,oa ,Vh,e dkMZ tks igys 'kgMksy esa mi;ksx fd;s x;s mijksDr igys ds ,Vhe ds vfrfjDr Fkk] mls cjken fd;k x;k A eksckbZy dk bZ-,e-vkbZ- uacj dk feyku djus ij lgh ik;k x;k A bl lkjs t?kU; gR;kdk.M dks vkjksih }kjk iSls dh ykyp esa djuk crk;k x;k A bl t?k.; gR;kdk.M esa M~k;oj }kjk lkjs ifjokj dh gR;k iSls dh ykyp esa fo'okl?kkr dj dh xbZ A iwWNrkN ij vkjksih jes'k ;kno }kjk crk;k x;k fd fnukad 24&2&2012 dks mlds HkkbZ dk xouk Fkk] ftlds fy, mls iSls dh vko';drk Fkh] ftlls viuh vko';drkvksa dh iwfrZ gsrq bl t?k.; gR;kdka.M dks vatke fn;k x;k A vkjksih }kjk tqeZ dqcwy djrs gq, ?kVuk ds nkSjku e`rd pfUnzkjk; ds ?kj ys tk;s x;s :i;s] xgus] eksckbZy oxSjg ftl LFkku ij Nqik;s x;s Fks] mUgsa iwfyl }kjk vkjksih dh fu'kkunsgh ij ekSds ls tkdj tIr fd;k x;k A bl lkjs gR;kdka.M dks fudkyus esa iqfyl v/kh{kd mefj;k euksgj flag tkejk] vfrfjDriqfyl v/kh{kd xksiky [kk.Msy] ,-vkbZ- th- ,lVh,Q Jh vjfoan frokjh ,oa mudh Vhe' ,lMhvksih ,-vkj- HkkosZ] lh-vkbZ-Mh- Vhe] Vh-vkbZ- NksVsjktk iVSy] Vh-vkbZ- ikyh ,l-ih-8
flag Vh-vkbZ- ukSjkstkokn Vh-vkbZ- xksre] Mh,lih ,tsds Ogh-Mh- f=ikBh] }kjk 'kgMksy dh iqfyl Vhe }kjk inkZQk'k fd;k x;k A ;g ?kVuk i=dkj ls lacaf/kr gksus ds dkj.k iwjs ns'k ,oa izns'k esa Hk; ,oz vkdzks'k O;kIr Fkk rFkk ;g egRoiw.kZ ?kVuk iqfyl cy }kjk bl ?kVuk dks pqukSrh ds :i esa fy;k tkdj fudky fd;k x;k gS A vkjksih dk fjekM ysdj vfxze foospuk dh tk jgh gS A (English Translation) Various points were investigated by the team constituted in connection with the incident. In the course of investigation, the information was received as to withdrawal of Rs. 3000/ through branch Shahdol of the Union Bank on 18- 02- 12 from the account of deceased Chandrika Roy after the murder. Having Obtained the C.C. T. V. footage aggressive steps were taken to identify the person withdrawn money, thereon driver of deceased Chandrika Roy; Ramesh Yadav was identified as such. The accused on interrogation repeatedly stated as to the indulgence of two other accused in this matter, date and time of the incident were confirmed and scientific evidences were collected sending the police party at once by S.P. Manohar Singh to the addresses of concerned persons. As per 9 the disclosure by accused Ramesh Yadav during interrogation indulgence of other persons in the incident was not found.
Accused Ramesh frequently misled the police force and shown accused persons hailing from Sahdol to be involved in the incident which was found to be false on verification. After stern interrogation accused Ramesh Yadav finally confessed the crime. The witness disclosed that he pretended to be on leave and entered into the house of Chandrika Roy in his absence making excuse to his wife Pushpa Roy to sleep at office during night on account of missing his bus and he also had food there, which was sent by Misses Roy through his son Jalaj Roy. On being enquired by Chandrika Roy returning at house, he mentioned the fact of halting at night on account of missing the bus, thereafter at about 11.30 o'clock of the night he dealt four to five blows with iron pipe on the head of Chandrika Roy, who was watching T.V. at his office wearing 'Kurta' and 'Lungi', then he dragged him to back room and covered with blanket and 10 papers. Thereafter he dealt three to four blows with iron plate ( Kamani ) on temple of wife Pushpa Roy, son Jalaj Roy and daughter Neha, who were in sleeping stage; he also dealt blows with scissor, sickle and 'Kanta' since daughter Neha was alive. He stuffed a bag with valuable property worth approximately 07 to 08 lacks in total i.e. the articles from Elmira, gold weighed 20 to 22 'Tola', silver- 250 gms., mobile sets, Rs. 18000/ in cash and left the house at about 00.03 o'clock of night after locking it from outside and threw the key inside the tree guard near Sonu Hotel and hid the property at the house of his brother in law. " Sewadal Karyakarta sammelan year 2003'' was scribed on the bag, which was also carried out from the house of Chandrika Roy. All articles were recovered at the instance of accused, which included mobile sets of Chandrika Roy, Misses Pushpa Roy and Jalaj Roy, an A.T.M. card, which was in addition to another one previously used at Shahdol. E.M.I. No.'s of the mobile sets were matched. The motive behind this cold blooded murder as expressed by the accused, was greed for money. Entire family 11 was murdered treacherously by the driver in instant case for the money.
Accused Ramesh Yadav disclosed during investigation that his brother's 'Gawna' (ceremony of first farewell after marriage) was to take place on 24
-02- 2012, he needed money, for which he committed this cold-blooded murder. Accused confessed the crime. Money, ornaments, mobile sets, which were carried out from the house of deceased Chandrika Roy during the incident were seized by police from the hiding place at the instance of accused.
Instant murder case was exposed by Superintendent of police Manohar Singh Jamra, Additional Superintendent of police Gopal Khandel, A.I.G. of S.T. F. Shri Arvind Tiwari and his team, S.D.O.P. - A.R. Bharve, C.I.D. Team, Chhoteraja Patel T.I., S.P. Singh T.I. Pali, T. S. Gautam T.I. Naurojabad, V. D. Tripathi D.S.P.
- A.J.K. along with a Police team of Shadol Police station.
Mood of fear and anger 12 pervaded the Country as well as State, since the incident was related with a journalist and this important matter was solved by the Police force accepting it as a challenge.
Further investigation is in progress obtaining the accused on remand."
Still suspecting that the police has failed to conduct fair investigation petitioners, brother-in-law and the brother of deceased journalist have filed this writ petition seeking direction for fresh investigation by the Central Bureau of Investigation established under the Delhi Special Police Establishment Act.
It is urged that the story by State Police is suspicious. It is contended that, if the statement of the accused who had admitted his guilt if is examined threadbare it creates a doubt whether a person single handedly could commit a crime of murdering four persons with different object like Kamani Patta (Spring Leaf of a vehicle), Iron Rod, Scissors and the Fork. It is further contended that, the police did not collect proper finger prints in the entire house which could have helped the Police to know that it was not 13 one but more than one persons were involved in the crime. Referring to the photographs shown during course of submissions, it is urged that the statement given by the accused does not match with the spot scene. It is contended that when the entire facts are collectively taken into consideration would go to show that there were six or more persons involved in the commission of crime. It is for these reasons petitioner suspects that the investigation was not fair and more persons ought to have been made accused for commission of murder. The petitioners think that it was because the deceased Chandrika Rai was a bureau chief of a News Paper and was also an investigative journalist who had led into the reporting against coal mafias and the kidnappers of Anant Jharia, that the influencial persons were behind the commission of crime. The petitioners, therefore, seek investigation by the C.B.I. The commission of crime, its investigation and apprehending of culprits are not a hypothesis or a piece of fiction worked out with imaginative gesture of few. It is a real life happening. True it is that the state of mind of those subjected to commission of crime is that, 14 maximum number of persons should be held guilty.
The question is, as in the present case where a concretized investigation by a special task force constituted under an office of the rank of Inspector General Police who bust the crime and the accused confesses of the crime committed by him; whether an investigation agency would still be required to rope in more persons for the commission of offence. There is no material on record to believe the story put-forth by the petitioners to make out a case that, the investigation suffered fairness and that it deserves investigation by the C.B.I. In State of West Bengal v. Committee for Protection of Democratic Rights : (2010) 3 SCC 571, it is observed:
"70. Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain selfimposed limitations on the exercise of these Constitutional powers. The very plenitude of the power under the said Articles requires great caution in its exercise. In so far as the question of issuing a direction to the CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that 15 such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise the CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations."
In the case at hand no extraordinary circumstances seems to have occurred as would lead this Court to hold that the State Investigating Agency has failed in the investigation as would warrant an investigation by the C.B.I. In the result petition fails and is dismissed. No costs.
(SANJAY YADAV) JUDGE vt and das