High Court Karnataka High Court

Shri P M Devaiah S/O Late P M … vs Union Of India By Ministry Of Home … on 17 March, 2008

Karnataka High Court
Shri P M Devaiah S/O Late P M … vs Union Of India By Ministry Of Home … on 17 March, 2008
Author: A.S.Bopanna
 :

THE HON'BLE MR. J'U.sfr1c_5_«:""A 'Sj4Ié. CiAPANNA"A 

 

WRIT PETITION pxogssés cit; £605':  5,31

,-GE-ID ABOUT 65 EEARSE, HINDU'{j> A 
RJAT ARAMER1..v1L'1;AGE~I1m_b »P0.s'1" '  
VIRAJ PET TALU K.' S0I.JTH"';KODl&£3U DIST
KARNATAKA2 *     ' -

SHE! P  DEVAIAH $;«oimTE' PM :h.1UTH£{PPA_ » 

 PETITIONER

(BY SR1 M A HiJMAYUN'8sVS§i1'? A'Ré£J "i=AT1L. ADVS)

 » 1U-NI0N:'t'A)F'--!f~lBIA BY MiNi"'"l"'R'Y OF'  EFF' ms
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~_80_L!TH .r3;Qct;;NEw DELHI

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THE D.iR'EGToR "E"ERAL, PA'
CENTRAL RESER'  Pcnuciz "-'* ROE
 AA MAHAVEER NAGAR

 DELHI 110 ms

DODE DIST
JAMMU AND KASHE'-i'a}R 182 204  ..F.-SPQNLENTS



THIS WRIT PETITION IS FILED UNDER ARFIQLES 2'fE5I:'1'lN"'D--_T ~
227 OF THE CONSTITUTION OF INDIA PRAYING TQ"'DIRE"CT 'THE. 
R2 TO HOLD AN ENQUIRY FOR FINDING. OUT THE I "
FDR THE. DEATH OF' THE DECEASED' '  9.11 30983027 
DRIVER PD. CI-IENGAPPA 148 BATl'PcLION,C.RPF, WHO EVMS 

FJSTHAWAR A_RE.1.A,JAMMU ANDVKASHNIIRAND »_ ',  .

THIS PETITION QOMINGIO.N"'FOR PRELIMINAIWIIHVEARIING * I

IN 'E' GRQUPTHIS DAY, THE COUF«.'1.'"MADE 'I'~HE"i?f-_)LLC§WING:



writ of    _§:=.;;vI§iIr.I:1e4.;:».fx3r;€as-siit ta' h'*}a:I arc.
enquiry     of the death of the
dccea&Icd __  III;IIIer, P.D.Chenga_ppa, 148
Batta]irIt.,_ ICRPIRI  Kisthawar A1133, Jammu and

Kaefilmix    myandamua is also sought to direct

 " 17eé'_;Ic.>1:i'~tI§:+n"t°a"_2  to furnish the report after cnqu:mn' ' g

I N...    v<:)_i:v£' P. D.Che11gappa.

"I

I  I have heard Sri Humayun, 1¢':"T1r:t': cminael

  for the petitioner and Smt.Rosa Paramci, Icarncti

I  appearing for respondents 1 to 3.

I
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111′ rzr:fi”s.i’*:1″r is hm’:-.»r’-‘=V . %.:~:1r.’é..g 12.1’ 1.31 I: of

3. The case put forth by the petitioner? :-is’ *
petitioner him” self is a retired’ Seam a1;_1_ha’J’iiig’ “tea: K ‘
Indian Navy under No.67292.

petitioner was employed a:a”C_3P[_I)Ii1ieIr iv.-tth evN¢;sjg13Q9.§32o2 *

with Central Armed Reserve tifine of the

ixoeoxtiing ta L
and ailectioiiaie Viigeiiiwaa haie and healthy,
new said to have received a
commiimeafien along with the dead body

of eon by a constable of CRPF. The

‘i V’ – was éaent by ‘f1;-aabcputy Commandant (Adm) GG, CRPF

2 whereunder the petitioner was infonzned

:11; the petitioner had shot himself -on 29.11.2004

t “‘fi'”‘i: 22053 h”urs. The Ptiedifi ‘-Jifieer Ea ales ==…….-=-*1

E5’-

.ha§’e issued ‘the death cefiificate oonfixmiilg fhe The
petitioner being unable to believe that his son had shot 7

‘ himself had addressed a letter dated 24.01.2005 to the third

l
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a

respondent mqtlesfing him to hold an enquiry V.

the death of his son. The thin! reapandcni H15 havaj

replied on 21.02.2005 stating tligt. :1:ia* l&étt_§:r l1s;:£é. f”hs=ii3r1:A

forwarded to the Deputy v’G*:,ner§;1 *

(Qpt:;,_1,:ions) CRPF, D_od_a, and «. and
Additianal 919., Go}, (J&.K) for taking

4. T3′: ‘@’i,\:’3’\r’3:’4I’V}.1′?€’ a+.l;e..’pct;i,i.i:i11_.r is tl;-,[t no proper
.._…….a …..-1
enqunyry has been cpnutncxca 111 um» lcgmu -4

1Weaso11″assigne:d_ “bjr=._fi1§ :es:pondents that it is a Crf

suicide is. wit_}1out. b.~»;sis– ‘ a11d therefore, the petitioner has

ifor nan wfipprapfiate c11qu1ry’ in this regard, since

it is a likely case of encounter and them is

5. The re-;s=.1,3.r.-..a:1..n..s_= h_w::v¢::r, seek to ‘ustifiI their

faction 011 thé gfi:n'”id Lu t Lu’ 5011 sf ‘.11:-. 3*.’-2.1.11-.3. E L.

Ietumed to the barracks after performing his i.

It is contended on behalf of the 1fe.spondenis”Viiis”.eo.:¢I

police personnel have also heard the oiffliiei ii

the gun in the barracks and 1iiaive..i1nIne!iiatelyi’ the

em: and me- .:.a_ft_n the son of__the,_pet_itioner.was shifted to
i”‘e “o~–~;m:. wheae he em .!.i..}..§11.a.;’. 2320 hours. It

t}ie”v:=a-is};-g:-;.de11.t-_ t.__t the

Xv.-.+. .

is further contended
son of sees €’1ii1–;kf’ii’;” and was
known __tobe. such, the tendency of
K he “ruled out. ‘ It is further

contencied” has theieafter ordered

of has examined ‘the co-police

” spoken with Iegmtl to the gun shot

bee}. 1139;” by them at 2205 hrs and as such,

since V_ii1e_s’eifi Witnesses befere the CoI.I_rt of Enquiry had

1

AA stated, it was a case of s”i”-ide, th=- “eenclusicn was

i’ accordingly and since an enquiry has already been

held, the prayer sought for by the petitioner cannot be

granted in this petition.

J
J?

6. The lespondents also eon.te11d that *

enquiry held by the respo11dents,»~~theA ‘is

independently investigated into

the case, since the same is adegise, ofsuieide, ‘ the –. ‘

mspendent. melt: to justify fl1ei1f__emio=;;,

7. On the rival eqntentisils, I-“~herJfev the writ
“=-mt… as :.41s;the aiiditiufia1″pspe1s_which were furnished
t’ this ‘Casi: hfftl’-.e’iee1fb;eh. ii: the respondents.

8.. At. the Qi1tse_t;«g:1ieee~i:’ the aspects Whhh ‘”e'”iires m

be 1V1_oVtieed4″‘isV’t11aVt-_ ¢n%24~;ed1o.o7 when this matter had been

‘V V’ _ mum t}1e:*«iea111ed Single Judge of this Court, the

had noticed the documents that were

and had directed the respondents to f” .311

the imslhsfic and finger print repofls of the weapons since the

9. The learned counsel for the mapondenie. ~

available a eommunicafion dated.__

indicates that the Police Oificem heye it .

DIGP, GC, CRPF’, Banta1ab,ente1a; t11e”finger_ .h;arfi nei–,i*

been lifted hem the weapon, ei11iee:ees{e1nl.e’t!1e1E petsone had

else muehel LN t.n.re-.1_;n;t”he1L1e%.j_itt eeieed by the police.

the finger print .ii1e}’fe’ – ere—1 umzu “Ether 13”
the 1eapond.ente:fer in a matter of this
natme, s_i11ee”the.Veententi9_n of the respondents is that it is a

case oflauicide “the petitioner disputes the same,

theiinger en” the could have been conclusive to

* ‘ei1onrE~’At;’1at..’the ufeeno11 had been held by the deceased

same is not available at this juncture, the’

.- .—.–_..– w-I___t:1 have to be looked into to

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V v.eufl5icient or any other enquiry requires to “he 11 m in :1 .-

matter of this nature.

2′ %—–

10. In this baokglound, the leaxtnod

petitioner would contend that the”‘

respondents cannot be conclusive ltibl’

31.. -_…._;*.al (Ii. J._,:,111oics in Vthotloouiiiortta the * L’

i’*”‘”‘-ndonts. flaemselveg. it. ig.tho”voo31tonti-:1–of learned

ooun.-sci for the pofifio-‘tor th- “H-j. déaiih {::r*..itI-sate ‘.-.rh.’..,tl1 ii:

issued by the C”‘._oo;posi.’i£’ _GRi?F,.”1fioumm’o idafiimu}

which is fiotifioner as weii as the _.

mspondcpts tor death as 2329 hour-.7:
on tbfifimfllhid conditions at; well as the
injurieotizltiioatedttittlzioi”certificate would indicate that it
iso; sltotovoiiiid the left side of the cheat, while the

polioomonquily would indicate that it is multiple

-.’:’-.i1n;.:=-.1uy, while: the post oortcm report in

tho jiage would T’f’i” t’ at: “o1j1″5«’, tho oninion would _

V _ atato ‘that it is multiple injuries.

11. While on the very some documents, the learned

“icounsel for the respondents would indicate though the –5

than is mdioateql in the oi.’11_.1′ Llooumonts as 2205 hours and ‘:

L
‘F.

the time in the death certificate as 2320 hotjfe, “eh ‘

cannot be treated as a diserepanc._*;~ “hin1193.i_:;_the V’

point at which the incident took plaeel” .« Vthe

time at which the death the -‘twithwh

-_.ga1-_ to t__- gun shot injuries, ihe”lea1ned«e«oun$ie1 for the

the bufletsi %s}2;;»ts A’ have been indicateci.
Howeyenjv on this aspect of
the 1 death certificme indicates a gun
shot. as well as the post. Inortem

Iephlt hldieateet m’u11§ip1c”t injuries cannot be disputed.

V’ ” 1 background, a perusal of the report of the

“C.e1i1t would indicate that one of the witnesses

hes etatehcléh that he had heard one sound of burst thing. but

2 V. x dues not indicate the number of bullets that he heard except

f_h._t it ‘Ji.T,..’-S burst firing. Be that as it. may. What.

u.-quires to he “otriwd as that as. already eueezvw, the Luger

r.

3′ ‘-

though have been exjplained by the leanjéd ~

appearing for the respective partieoinw the to

discrepancies as well as to justi.t’y:”the:’_’_As£nmt to

considered is that the pefifionefio before = L

oI._1:. :3. gievoncn that his eon..__fiad not ‘tiaqt obmmitmd :

-su1″1i:’.e but them is 10:11 pm}! ‘I the ma.._.r., _;n-_.

according to thfifléfififxiiéi’,fi’3i’i”‘J.’i1f._}i1if’;i’gi’1″,’;’i”Ii’s”.:fi fififionefs

son havn1g.be::n I enoe-t:nteif’cann”””‘ oi:-be ruled out.

.13;* ” tziew such I an allegation

e_n_,1n__L_.n t.h_Lat.i11 a matter of

u ‘3 n*tufe, even th’ to he held should be by L.

appitjopfiate authotfity. and ahouid pmvicie so”r:e to the

‘ and a mere enquity held alone cannot be

and state that the petitioner cannot make

oot a ‘fig-tievnnce. In the instant case, the of the

V *pet;_itiotier is that there is foul play in the manner in which

‘ “‘..vtI1e”deatl1 has been announced. The fact that the petitioner

~”ta working in the 148 Battalion is not disputed. Themtbns, I

K” ”

£145 2-.lleg.=.=…’.,n t.=.ro1..d. 1.9;! L. t_.,_. JISDQEL -in the same

ll

battalion and a cover up is alleged in the ‘

Tl1erefoIe,tn find out as to at it

suicide or a death due to encotlnter

the enquiry should be in a to innit. but .

justiee s___I,I_L s_l_e to be ‘in the nistgnfcase, the

—- «A we ‘s by ~{,*.-.esmt.v:-.;;=,’:.~¢..;-=«=.d=.ji:*; 552* 143 .39. an n
members of ui i’as'”‘smnt
int theliteiy same Battalion.

Therefine,vV Iiiade by the petitioner
Faun conducted by the very same
Battalientntould ‘eiinfidenee either in the petitioner

11oije11y.persez1A since the same cannot be treated

man indefiiendent enquiry.

l keeping all these aspects in view,

th(lll11glfl~:aii’lcnq1IiI’y has been held by the respondents, the

2 » seine Veannot be treated as sufficient in a matter of this

“na.n;’ei -11-‘: mm hi t- eenrse weuld be for the second

…_!’I

held, the documents relied theieon and also the detain. s fi

the Police Department with regard to the ‘

held by the Police Department and~~theA

shall analyse the said documents in *i2oIi’eet;

and thereafter, come to a eoi1_;’fl1;:sio11A’:3I:1e .wa_§?v irtllexy L

and intixnate the same V__t.o the petifione; so .£t1a.t_f11e_?g1ievanc>e

cf the “fi*:;tLener m.u1dCh-e7 11333.: saw»

..u ‘_ an vu.-i.

I.I.l.I:II..l.Ll.”i”‘u

;5. .ha§;h_,e1ng se, a dneeueg: 13 Issues]. 1:9 the xwnd

Ieapo:;idenfe”to5»i1o1é’aeezjquixy the man’ ner si’t–u

and tfiezeefter, ipetitioner in this legani.

J’I’_l bms