TMI Blog2015 (11) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... we do not feel the necessity of any further direction in the matter, at this stage. We are, therefore, inclined to take the view that the power of this Court to refer a matter to Central Bureau of Investigation for further investigation, after filing of the chargesheet by the State investigating agency, ought not to be invoked in the present case. Instead, the course of action that would be now mandated by law against the accused Netrananda Dandasena should be allowed to reach its logical conclusion at the earliest. At the same time the investigation that has been kept open against the unidentified accused should be completed without delay. - Trial of accused Netrananda Dandasena shall not be held up on that count or on any other count and the same shall proceed forthwith and be concluded within the earliest possible time. - Petition disposed of. - WRIT PETITION (CIVIL) NO. 957 OF 2013 - - - Dated:- 12-3-2014 - P. Sathasivam, Ranjan Gogoi And N.V. Ramana, JJ ORDER Ranjan Gogoi, J. 1. A young law student of Bangalore, who belongs to the State of Odisha, has filed the present application under Article 32 of the Constitution highlighting what she has perceived to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner has further alleged that on 27.10.2013 the deceased was set ablaze and she was removed to the hospital with 90% burn injuries; eventually, the deceased succumbed to the burn injuries sustained by her in a hospital at Vishakhapatnam on 01.11.2013. Referring to the several newspaper reports published with regard to the incident in question the petitioner has alleged that perpetrators of the crime enjoyed political patronage and the accused had close proximity to a Member of Parliament and also a minister. The petitioner has stated that notwithstanding the several criminal acts committed, the accused was moving around freely; receiving his salary and had even been granted a promotion in service. Consequently, the petitioner has sought a direction for the transfer of the investigation of the case involving the death of Itishree Pradhan from the State agency to the Central Bureau of Investigation and the monitoring of such investigation by this Court. 3. The writ petition filed on 12.11.2013 has been responded to by the State of Odisha by means of a counter affidavit dated 02.01.2014. According to the State, on the basis of the complaint dated 18.7.2013 filed by the deceas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ached the Chief Minister of the State. Her repeated and frantic pleas failed to evoke requisite response from any of the aforesaid authorities. Despite the several complaints lodged by her the accused was roaming free. It is the inaction on the part of the authorities that had emboldened the accused to commit the acts resulting in her death. The sequence of events following the death of Itishree Pradhan have been, according to the learned counsel, equally appalling. Apart from some superficial and knee jerk actions like dismissing some lowly placed employees from service the investigation of the criminal case has not proceeded meaningfully. Though the accused, Netrananda Dandasena, had been arrested on 30.10.2013 no explanation has been forthcoming as to why he could not be apprehended earlier. The second person involved in the incident leading to the death of Itishree Pradhan i.e. the person who had poured kerosene on her is still at large and his identity is yet to be ascertained. According to the learned counsel, all this is on account of the fact that the accused enjoys political patronage; he is close to an elected Member of Parliament. It is also submitted that in her final d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asena has already been chargesheeted and presently he is in custody. The investigation is being kept open to bring to book the unidentified person who is stated to have set the deceased ablaze. So far as the officials and functionaries of the State, at different levels, who were approached by the deceased from time to time and who had allegedly not taken proper and prompt action, it is submitted by the learned counsel that the said aspect of the case not being relatable to the actual commission of the crime, cannot, in any case, be a subject matter of a reference to the Central Bureau of Investigation. At best, the aforesaid issue could be a matter of administrative inquiry and consequential action on that basis. Insofar as the issue of political or other influential persons shielding and protecting the offender(s) is concerned, Shri Rao has drawn the attention of the Court to the details of the investigation with regard to the allegations of phone calls made by one Shri Jayaram Pangi, M.P., Karaput Constituency to the deceased to withdraw her case against the accused. The attention of the Court has been drawn to the report of the CFSL, Hyderabad to which place the seized mobile of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er was she posted out of Tikiri. (iv) The deceased was set ablaze on 27.10.2013. Her dying declarations, three in number, implicates accused, Netrananda Dandasena and one unknown person as being the perpetrators of the crime leading to her death. (v) Tikiri P.S. Case No. 92 has been registered in connection with the said incident. The accused, Netrananda Dandasena has been arrested on 30.10.2013. Chargesheet has been submitted on 22.2.2014 against Netrananda Dandesena and the investigation has been kept open under Section 173 (8) Cr.P.C. against the other unidentified accused. (vi) Two police officials namely Sujit Kumar Say, Inspectorin- Charge and Muralidhar Pradhan, Assistant Sub Inspector, Tikiri Police Station have been dismissed from service by order dated 05.11.2013 of the Home Department, Govt. of Odisha. (vii) Two officials of the Education Department namely Dharanidhar Behera, BEO Rayagada and IIC BEO Kashipur were dismissed from service by order dated 05.11.2013 of the School Mass Education Department, Govt. of Odisha. (viii) The promotion of accused Netrananda Dandasena was made alongwith 23 other officials by an order dated 15.10.2013 on the recommenda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Monitoring Court to order further investigation of a case after chargesheet had been filed by the Central Bureau of Investigation to which body the investigation already stood entrusted. Rubabbuddin Sheikh vs. State of Gujarat (2010) 2 SCC 200, really, carries forward the law laid down in Gudalure M.J. Cherian and Punjab Haryana High Court Bar Association (supra) which position finds reflection in para 60 of the report which is in the following terms : .Therefore, it can safely be concluded that in an appropriate case when the court feels that the investigation by the police authorities is not in the proper direction and in order to do complete justice in the case and as the high police officials are involved in the said crime, it was always open to the court to hand over the investigation to the independent agency like CBI. It cannot be said that after the charge-sheet is submitted, the court is not empowered, in an appropriate case, to hand over the investigation to an independent agency like CBI. 9. The position has also been succinctly summed up in Disha (supra) to which one of us (the learned Chief Justice) was a party by holding that transfer of the invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Police, Rayagada. However, we make it clear that the trial of accused Netrananda Dandasena shall not be held up on that count or on any other count and the same shall proceed forthwith and be concluded within the earliest possible time. 12. The events preceding the incident of death, however, stand on a slightly different footing. The same, prima facie, disclose some amount of laxity and indifference. Therefore, even while noticing that disciplinary action has been taken against certain officials of the State, we are of the view that the State should hold a detailed administrative inquiry into the matter to ascertain whether any other official or authority, at any level, is responsible for not attending to the complaints, grievances and demands raised by the deceased either in the matter of action against accused Netrananda Dandasena or in providing security to her or in transferring her from Tikiri, Rayagada District. On the basis of the findings and conclusions as may be reached in such inquiry, we direct the State to take necessary action in the matter. We also make it clear that we have not expressed any opinion with regard to the liability or culpability of any official or ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
