Punjab-Haryana High Court
Rohit Masih vs Dr. Abhinav Trikha on 28 May, 2013
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
COCP No.1175 of 2013 (O&M)
Date of decision: 28th May, 2013
Rohit Masih
Petitioner
Versus
Dr. Abhinav Trikha
Respondent
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Petitioner in person.
Mr. M.C. Berry, Addl. Advocate General, Punjab.
RAKESH KUMAR GARG, J. (ORAL)
In a public interest litigation, i.e. CWP No.19716 of 2012 decided on 04.10.2012, a Division Bench of this Court passed the following order:
"Petitioner, in this writ petition filed as public interest litigation, makes a complaint that compensation of ` 5 lakhs is not paid to each of the affected families of 12 persons who died after consuming illicit liquor in villages Johal Nangal and Baleywal, District Gurdaspur (Punjab). It is stated that even against the culprits no action is taken, though the Deputy Commissioner investigating the case had assured compensation of ` 5 lakhs as well as booking of culprits under Section 304 IPC.
The writ petition be treated as representation to the Deputy Commissioner, Gurdaspur, who may look into the averments made in the petition and take a decision thereupon. Insofar as registration of case against the wrongdoers is concerned, we direct the police to make COCP No.1175 of 2013 (O&M) 2 proper investigation and book the culprits. With above observations, the writ petition is disposed of."
Petitioner-Rohit Masih has approached this Court by filing the instant contempt petition alleging non-compliance of the aforesaid order, stating that the victims have not been paid compensation as per the announcement made in this regard by the Deputy Commissioner, Gurdaspur.
Upon notice, reply by way of an affidavit of Dr.Abhinav Trikha, IAS, Deputy Commissioner, Gurdaspur has been filed in Court. The same is taken on record. Para Nos. 4 to 6 of the aforesaid affidavit read thus:
"4. That in compliance with the order dated 4.10.2012 passed by this Hon'ble High Court in Civil Writ Petition No. 19716 of 2012, the deponent has already passed a detailed order on 30.1.2013. The copy of this order has also been endorsed to the petitioner Panditrao Dharennavar as well as the Ld. Registrar Hon'ble Punjab & Haryana High Court for information vide this office no. 5-8/PA/MA dated 30-1-2013 (Annexure R-1).
5. That the petitioner himself in the Civil Writ Petition has stated that the residents had died because of consumption of illicit liquor which they had purchased from some local manufacturer. As far as the issue of compensation to the affected families is concerned, the petitioner has himself stated that the residents have died because of consumption of illicit liquor. Not merely the distillation of illicit liquor but also the consumption of same is illegal and the grant of any kind of compensation will thereby set a bad example/precedence. Therefore, no such request can be accepted.COCP No.1175 of 2013 (O&M) 3
6. That the FIRs in the concerned Police Stations have been registered with regard to the death of the residents due to consumption of illicit liquor. In FIR No. 71 dated 6.8.2012 under section 304/328/326/34 IPC, 61-1-14 Excise Act Police Station Ghuman Kalan Police District Gurdaspur, the challan has been presented in the Ld. Trial Court on 5.11.2012 and is listed for 27.5.2013 as informed by the Senior Superintendent of Police, Gurdaspur vide his letter no. 1670/Litigation dated 23.5.2013 (Annexure R-2). In FIR No. 100 dated 7.8.2012 under Section 304/34 IPC, 61-1-14 Excise Act, Police Station Qila Lal Singh, Police District Batala as informed by the Senior Superintendent of Police, Batala vide letter No. 974-R-SSP dated 23.5.2013, the challan has been presented in the Ld. Trial Court on 5.10.2012 and is listed for hearing on 4.6.2013 (Annexure R-
3)."
It may further be noticed that the Deputy Commissioner, Gurdaspur has also passed a speaking order dated 30.01.2013. Relevant part of the said order reads as under:
"As per the directions given by the Hon'ble Punjab and Haryana high Court I have gone through the averments raised by the petitioner in the petition. The petitioner in his petition has raised the issue of drug addiction and alcoholism in the State of Punjab in general and has specifically raised the issue of deaths due to illicit liquor in village Johal Nangal and Baleywal, District Gurdaspur. 8 people of different age groups died due to illicit liquor in village Johal Nangal. An FIR no. 71 dated 6.8.2012 under section 304 IPC, 61-1-14 Excise Act has been registered at Police Station Ghuman Kalan, Police District Gurdaspur. 3 people died of illicit liquor in village Baleywal and FIR No. 100 dated 7.8.2012 under section 304 IPC, 61-1-14 Punjab COCP No.1175 of 2013 (O&M) 4 Excise Act was registered at Police Station, Kila Lal Singh, Police District Batala. A detailed report regarding the incident was sent by this office vide its letter No. 1631/MA dated 9.8.2012 to the worthy Principal Secretary to the Hon'ble Chief Minister, Punjab. However, it is pertinent to mention here that the petitioner himself in the Civil Writ Petition filed before the Hon'ble Punjab and Haryana High Court has stated that the residents of village Johal Nangal and Baleywal had died because of consumption of illicit liquor which they had purchased from some local manufacturer. The FIR, as discussed above, have already been registered by the Police. As far as the issue of compensation to the affected families is concerned, the petitioner has himself stated that the people have died because of consumption of illicit liquor. Not merely the distillation of illicit liquor but also the consumption of the same is illegal and the grant of any kind of compensation will thereby set a bad example/precedence. Moreover to check such illegal activities, a D.O. Letter no.2125/MA dated 27.8.2012 written by the undersigned to the worthy Excise and Taxation Commissioner, Punjab, pursuant to which strict instructions were issued by the Excise and Taxation Commissioner, Punjab to the Deputy Excise and Taxation Commissioner, Amritsar Division, Amritsar to control the business of illicit liquor in District Gurdaspur vide his letter no. 21069 dated 26.9.2012.
It needs to be mentioned here that keeping in mind the financial condition of the families of the deceased and untimely loss of a member of the family suffered by them, the Sub Divisional Magistrate, Gurdaspur has been directed to provide all possible administrative assistance to the families of the deceased in filing their claim before the competent authority under social assistance programme of the Govt. like the monthly pension provided by the COCP No.1175 of 2013 (O&M) 5 Government of Punjab and to consider their application for making of the job cards under MGNREGA Scheme on priority."
Not only this, on the basis of the averments made by the petitioner, an FIR No.71 dated 06.08.2012 was also registered and this Court has been assured that the matter shall be brought to its logical end.
In fact, Senior Superintendent of Police, Batala vide Annexure R-3 has already written to the Deputy Commissioner, Gurdaspur that during investigation, the accused have been arrested and even the final report under Section 173 Cr.P.C. has been prepared and presented in the trial Court, and the matter is pending before the Court and next date of hearing is 04.06.2013.
In view thereof, this Court is satisfied that the respondents are taking necessary steps to provide all possible administrative assistance to the families of the deceased.
The legal representatives of such people, who have died due to consumption of illicit liquor, as alleged, may approach the trial Court for grant of compensation to them under the relevant provisions of law and the trial Court may pass appropriate orders in accordance with law at an appropriate stage.
Disposed of.
(RAKESH KUMAR GARG) JUDGE May 28, 2013 rps