Jharkhand High Court
Pankaj Kumar Yadav vs The State Of Jharkhand & Ors on 17 June, 2022
Author: Ravi Ranjan
Bench: Chief Justice, Sujit Narayan Prasad
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (PIL) No.2683 of 2022
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Pankaj Kumar Yadav .... .... .... Petitioner Versus The State of Jharkhand & Ors. .... .... .... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Rajiv Kumar, Advocate For the State : Mr. Ashutosh Anand, AAG-III For the Resp. Nos.5 & 6 : Mr. Amit Kumar Das, Advocate
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Oral Order 02/Dated : 17.06.2022
1. This writ petition has been filed by way of pro bono publico, invoking the jurisdiction conferred to this Court under Article 226 of the Constitution of India seeking for the following reliefs:-
"(a) For the direction upon the respondents no.5 National Investigation Agency (NIA) to investigate the preparation, execution, sources of funding of the targeted violence initiated by thousands of the people who are having funding outside the state and these outsiders were therein the organizing violence on the name of 27.07.2022 of one Nupur Sharma and also to see the background of the persons who were killed while they have attacked Senior Superintendent of Police, Ranchi and Officer, In-charge of police station, daily market and other officials with the help of prohibited arms and lethal weapon, threw bombs on sacred religious places of Ranchi as Hanuman Mandir and Kali Mandir situated at Mahatma Gandhi Road, Ranchi. 2
(b) For the direction upon the district police officials to cooperate with the NIA in the matter of investigation of violence perpetrated by thousands of people in the form of targeted violence dated 10.06.2022 and also to track the backgrounds of the Maulanas of different mosques of Ranchi who have instigated the violence and asked the people to come on road and start damaging the public and private properties and kill the police officials of Ranchi.
(c) For the direction upon the respondent no.2 and 3 to demolish the houses of the culprits and auction their properties the recover the damages under the >kj[k.M laifÙk fouk'k ,oa {kfr fuokj.k fo/ks;d] 2016 and recover the same from these criminals and Maulanas who have instigated the violence and conspired to propagate the violence against Hindu Community in the Ranchi city.
(d) For the direction upon the respondents to implement the letter and spirit of the order of this Hon'ble Court passed in W.P.(PIL) No.6718/2016 dated 24.11.2016 and the judgment of the Hon'ble Supreme Court in Bharat Kumar K. Palicha and Anr. Vs. State of Kerala & Ors. Dated 28.07.1997 and submit action taken report of this Hon'ble Court.
(e) For the direction upon the respondents to submit the entire video's respondent no.8 & 9, who are seen provoking the crowd throughout the country & including 3 Jharkhand spewing venom against Hindu Community status report before this Hon'ble Court.
(f) For the direction upon the respondent nos.6 and 7 to find out the sources of the fund provided to Maulanas and other religious leaders of different mosques located in Ranchi who have pumped fund to propagate violence against the hindu citizens of Ranchi."
2. This Court has heard the learned counsel for the parties and upon hearing, the directions are being passed upon the State to file affidavit replying the following questions:-
(i) The State of Jharkhand/Competent Authority is directed to apprise this Court as to whether the State Government was having any intelligence report about the movement of the processions of 8,000 to 10,000 people at the Mahatma Gandhi Road (Main Road at Ranchi).
(ii) In case, there was intelligence report to that effect, then why the casualties have taken place and injury has been sustained by the Police Personnel including the Senior Superintendent of Police as also the death has occurred, as per report.
(iii) In case, there was no intelligence information, the State of Jharkhand/Competent Authority is directed to apprise this Court, why such a major failure on the part of the State was there leading to disturbing the entire capital town of the State of Jharkhand where mob resorted to stone pelting and firing?
(iv) The State of Jharkhand/Competent Authority is directed to apprise this Court, as to whether the initial means to restrain 4 the gathering, i.e., lathi charge or use of water canon etc. has been resorted to or not.
(v) The State of Jharkhand/Competent Authority is directed to apprise this Court as to whether, the main accused persons named in the FIR have been apprehended or not and if yes, the details thereof, along with the parental and addresses be referred in the affidavit.
(vi) The State of Jharkhand is also directed to apprise this Court about status of criminal records and the cases instituted against one Nawab Chisti of Mani Tola, P.S.-Doranda, Ranchi, who was running a 'WHATSAPP' group as also allegedly having closed connection with the Cabinet Minister & M.LA., as per the statement made at para-5 to the supplementary affidavit dated 16.06.2022.
(vii) The State of Jharkhand/Competent Authority is further directed to apprise this Court, if any FIR has been instituted, then whether investigation has commenced in the cases, registered against said Nawab Chisti, if yes then what is the status of such investigation.
If the investigation has been completed, let a copy of the final form be produced by appending it to the affidavit to be filed on behalf of the State.
(viii) The State of Jharkhand/Competent Authority is to apprise this Court that under whose permission, the procession consisting of 8,000 to 10,000 people was allowed to be proceeded without any Police protection in the Main Road at Ranchi, known as Mahatma Gandhi Road.
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If such permission was there, let the copy of such permission be appended to the affidavit to be filed.
If there was no such permission, then how the District Administration as also the Police Administration had allowed such procession in the Main Road at Ranchi.
(ix) The State of Jharkhand/Competent Authority is further directed to apprise this Court as to what is the status of the criminal case instituted, as has been appended under Annexure-8 to the writ petition.
Let the progress of the criminal investigation be produced under the sealed cover.
(x) Apart from the above queries, let para-wise reply to the averment made in the writ petition as also the supplementary affidavit dated 16.06.2022 be also filed.
3. This Court, considering the facts and circumstances and also as has been informed at bar on behalf of the learned counsel for the parties that the situation in the Ranchi Town is still tense, as such, deems it fit and proper to post this matter on 24.06.2022 so that the affidavit replying the aforesaid queries, apart from the para-wise averment to the writ petition as also the supplementary affidavit, be filed.
4. Accordingly, let this matter be listed on 24.06.2022.
(Dr. Ravi Ranjan, C.J.) (Sujit Narayan Prasad, J.) Rohit/-