Orissa High Court
Sarat Kumar Rayaguru vs State Of Odisha And Others .... Opposite ... on 18 August, 2021
Author: B. P. Routray
Bench: B. P. Routray
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32058 of 2020 & W.P.(C) No.35483 of 2020
Sarat Kumar Rayaguru .... Petitioner
Mr.D.K.Mohapatra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.S.Palit, AGA for the State
AND
Gopal Krushna Panda .... Petitioner
Mr.B.S.Rayaguru, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.S.Palit, AGA for the State
CORAM:
THE CHIEF JUSTICE
JUSTICE B. P. ROUTRAY
ORDER
18.08.2021 Order No.
12. 1. The present PILs concern the alleged custodial death of K.Ramesh Das, who was doing a small chat business at Loknath Road near Father's School, Puri Town. The prayer was that this Court should monitor the inquiry into the incident by the Baseli Sahi Police pursuant to registration of P.S. Case No.318 of 2020 at the Baseli Sahi Police Station(P.S).
2. Pursuant to the orders passed by this Court in the present petitions since 23rd November, 2020, reports of the investigation Page 1 of 5 in a sealed cover have been presented to the Court from time to time.
3. In the status report filed on 15th August, 2021 by the Superintendent of Police, Puri, it was indicated that there were three inquiries taking place. One was by the Deputy Superintendent of Police, Human Rights Protection Cell (HRPC), the second was by the National Human Rights Commission (NHRC) and the third was a statutory inquiry by the Judicial Magistrate First Class (JMFC), Puri under Section 176(1A) of the Code of Criminal Procedure, 1973 (CrPC).
4. Pursuant to the direction issued, the District Judge, Puri has forwarded to this Court the copy of the report dated 27th April, 2021 of the J.M.F.C., Puri in a sealed cover. At the hearing on 9th June, 2021, this Court was informed by the learned counsel for the State, while handing over a further status report of the investigation, that they were awaiting the report of the NHRC.
5. Today the Court is informed that the NHRC report is still awaited. A fresh status report dated 15th August, 2021 has been filed which indicates that specific to the death of the deceased P.S.Case No.2 of 2021was registered at Baselisahi P.S. on 8th January, 2021 under Sections 323/304-A IPC and K.Ch.Mund, SDPO Sadar, Puri has taken charge of the investigation and examined the complainant witnesses. The status report indicates that investigation in this P.S.Case No.2 of 2021 is still in progress.
Page 2 of 56. The other P.S.Case, which is being investigated is P.S.Case No.318 registered on 18th November, 2020 under Sections 341/323//353/307 IPC read with Section 25 and 27 of the Arms Act and Section 174 CrPC. It is in connection with this case that it is claimed that the Police was seeking to apprehend the deceased and that the incident in which he sustained fatal injuries took place as a result thereof.
7. This Court has today opened the sealed cover and perused the report submitted by the J.M.F.C. under Section 176(1A) Cr.P.C.. The J.M.F.C. appears to have examined twenty-two witnesses, and a large number of exhibits and four material objects including video footage. The conclusion reached by the J.M.F.C. is that the deceased died due to neurogenic shock due to subdural hematoma of brain. According to the postmortem report, the age of external injuries was within 1 to 4 days from the date of post-mortem and the subdural hematoma may have been caused within 1 to 7 days of the postmortem examination. The routine viscera report suggested absence of poisonous compounds, alcohol and drugs in the chemical analysis. The conclusion reached is that "there is nothing available on record to suggest that the external and internal injuries appearing on the person of the deceased were inflicted by the police officials during the period of pursuit to apprehend the deceased i.e. 7.15 p.m. to 8.30 p.m. of 18.11.2020". From the statement of the parents of the deceased, it was observed that the deceased was present in his house until 9 a.m. of 18.11.2020 and that it indicated "the fact that the deceased was not within any form of police custody or police surveillance until the aforesaid time and date". The J.M.F.C. has also observed Page 3 of 5 that there is no credible evidence on record to suggest that the deceased was admitted in police lockup or formally arrested on the date of his death. Accordingly, the J.M.F.C. has concluded that "the death of the deceased was not caused within police custody".
8. This Court expresses no opinion on the correctness or otherwise of the above conclusion reached by the J.M.F.C under Section 176(1A) Cr.P.C. A copy of the said report will be provided to the counsel for the State who in turn will provide a copy thereof to the parents of the deceased within one week. The Court clarifies that it will be open to the parents of the deceased to seek appropriate remedies, if they are so advised, and if they so wish.
9. The main purpose of both the present petitions was to ensure that there is a Court monitored investigation of the circumstances under which the death of the deceased took place. That purpose has been adequately served with this Court continuously monitoring the investigation since November, 2020 by calling for periodic status reports. It does appear that the investigations are taking place on a continuous basis. The status reports filed thus far before this Court shall be placed in a sealed cover. No copies thereof, not even soft copies, will be made without the express orders of this Court. The status reports shall be kept in a sealed cover with the Registrar (Judicial).
10. The Court appreciates the efforts of the two Public Interest Petitioners in bringing these petitions before this Court to ensure that the investigation continue as required by law.
Page 4 of 511 The Court expresses the hope that the police will continue to investigate both the cases and take them to the logical conclusion in accordance with law.
12. The writ petitions are disposed of.
13. An urgent certified copy of this order be issued as per Rules.
(Dr. S. Muralidhar) Chief Justice ( B.P. Routray) Judge C.R. Biswal Page 5 of 5