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WPPIL/74/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT
PETITION (PIL) No. 74 of 2011
=========================================================
SUO
MOTU - PETITIONER
Versus
STATE
OF GUJARAT & 2 - RESPONDENT
=========================================================
Appearance
:
SUO
MOTU for
PETITIONER : MR SHALIN N MEHTA for PETITIONER :
MR PK JANI, PUBLIC
PROSECUTOR with MR PRANAV DAVE, APP for
RESPONDENTS.
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 04/10/2011
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. A.L.DAVE)
This
petition was suo-motu initiated by this Court on the basis of a
communication received alleging that Nasirali Basaratali Saiyed died
of police atrocities at Surat.
2. We
have heard learned advocate Mr.Shalin Mehta, Amicus Curiae, and
learned Government Pleader Mr.Jani appearing with learned A.P.P. Mr.
Dave.
3. Mr.Jani
has shown to us the post-mortem notes. We have also examined the
affidavit of Mr.A.H.Khan, Police Inspector, Salabatpura Police
Station, Surat City, who is the investigating officer.
4. We
find that the Investigating Officer had formulated about six
questions and put them to the Doctor. We also find that according to
the medical opinion, no specific cause of death could be given. The
post-mortem notes indicate that there were abrasions and other
superficial injuries on the face of the deceased. The injuries were
both on left and right sides of the face as well as on the forehead
of the deceased. The doctor has opined that these injuries are
possible out of a fall. We are unable to understand the finding of
facts regarding injuries on both the sides of the face, the opinion
of the doctor that the injuries are possible out of a fall and the
material on record showing that the deceased got down from the
rickshaw and fell on the ground and died. The investigating agency
has also not held T.I.Parade to fix the identity of the person, who
is alleged to have committed the assault on the deceased. These
aspects were brought to the notice of learned Public Prosecutor. He
stated that he will ensure that the investigation is entrusted to a
senior officer of the rank of Assistant Commissioner of Police or
Deputy Commissioner of Police.
5. On
examining the post-mortem notes, we find that there were no external
or internal injuries other than superficial injuries on the face and
forehead of the deceased. The histopathological report is also
reported to be negative.
6. In
the above set of facts, we drop the proceedings with an expectation
that the investigation shall be carried out by a responsible senior
police officer, as per the statement made by learned Public
Prosecutor Mr.Jani. Notice is discharged.
[A.L.Dave,Actg.CJ.]
[
J.B.Pardiwala,J.]
-patel
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