Court On Its Own Motion vs State of Jharkhand

Virender Singh, C.J.—In today''s daily newspaper "The Hindustan Times" in its Ranchi Edition with the heading "HORROR INSIDE CID COP�S HOUSE Trafficked girl''s nails plucked, finger broken" it carries a news item about inhuman and cruel torture made by a CID Inspector and his family on a 13 year old tribal girl who was found with severe injuries and burns all over her body from the cop''s house in Ranchi. The news report says that Child line India Foundation, an NGO and the State Labour Department recovered the teenager with burn injuries, a blackened eye and an infected gash on the head late on Monday. It further says that the cop and his wife burnt the girl from Gumla with hot iron knife, slapped her on face and kicked her in gut regularly. They had plucked off her nails with sharp objects. She also a broken finger. The girl is reported to be undergoing treatment at the Ranchi Sadar Hospital. The news report further discloses that a first information report against the CID Inspector Shri Umesh Thakur, his wife Madhuri and his brother-in-law Chandan Kumar was lodged with the Namkom Police Station on Tuesday for charges under Juvenile Justice Act and Child Labour (Prohibition and Regulation) Act and Indian Penal Code. The news report also discloses that Inspector General (Organised Crime) Ms. Sampat Meena on Tuesday formed a probe committee headed by Superintendent of Police (CID) Ms. Jaya Roy and said that necessary action will be taken on the basis of the report submitted by the Committee.

Though Inspector General (Organised Crime) swung into action and constituted a probe committee also, as been reported in the news report, yet, in our considered view, intensive care and protection to the victim girl is immediately required to rescue her from the sufferings she is undergoing and strict and stern action in accordance with law is also required to be taken against the cop and his family, who are allegedly the culprits of causing such inhuman and cruel torture on the victim minor girl.

We, thus, take suo moto cognizance of the news report published in the daily newspaper "The Hindustan Times" in its Ranchi Edition dated August 10, 2016 and direct the Registry to diarise the same as Public Interest Litigation. Let notice be issued to the following, who are made respondents in this Public Interest Litigation: -

The State of Jharkhand, through the Chief Secretary, Jharkhand;

The Principal Secretary, Department of Home, Government of Jharkhand, Ranchi;

The Principal Secretary, Department of Social Welfare, Women & Child Development, State of Jharkhand, Ranchi;

The Director General of Police, Jharkhand, Ranchi;

The Deputy Commissioner, Ranchi.

The Inspector General (Organised Crime), State of Jharkhand, Ranchi;

The Senior Superintendent of Police, Ranchi.

The Superintendent of Police (CID), Ranchi.

In the meanwhile, we direct the Deputy Commissioner, Ranchi to submit a detailed report to this Court on or before the next date, which we fix for 17th August, 2016, by 10.30 a.m. positively incorporating all the steps taken by the administration to alleviate the suffering of the minor girl, who been subjected to inhuman and cruel torture by a cop and his family and further steps, if any, contemplated by the District Administration in this regard. While submitting report, the Deputy Commissioner should also explore as to whether provisions of law attracted in the matter have been adhered to or not.

The State of Jharkhand through its Chief Secretary, without prejudice to any other rights or remedies of the victim minor girl or her family in any other proceedings, is also directed to pay Rs. 25,000/- (Rupees Twenty Five Thousand) to the father of the victim minor girl immediately and report compliance of such payment to this Court on or before the next date, i.e., 17th August, 2016 (Wednesday) by 10.30 a.m. positively.

Driven by the news report, while registering this as a Public Interest Litigation, this Court is posed with many questions to be dealt with which shall be looked into and detailed on future dates when the matter is taken up for consideration, if required, after submission of the report by the Deputy Commissioner, Ranchi.

Mr. Anil Kumar, learned Sr. Advocate is appointed as Amicus Curiae to assist the Court in this matter.

Mr. Rajesh Shankar, learned Government Advocate accepts notice on behalf of the respondents.

Let a copy of this order be handed over to Mr. Anil Kumar, learned Senior Advocate and Mr. Rajesh Shankar, learned Government Advocate under the seal and signature of the Court Master today itself.

Registry is also directed to communicate a copy of this order to the respondents.

Let this Public Interest Litigation be listed on the next date fixed for its consideration, i.e., 17th August, 2016 (Wednesday).