Jharkhand High Court orders fresh probe into police killing of tribal youth; orders ₹5 lakh compensation for wife of deceased

The Jharkhand High Court has ordered fresh investigation into the killing of a 24-year-old tribal man by the police in an alleged fake encounter in 2021 and also directed the State to pay ₹5 lakh compensation to the victim’s wife. [Jiramani Devi Versus State of Jharkhand].Justice Sanjay Kumar Dwivedi said that it was an admitted fact that the victim Bramhadev Singh died due to the bullet injury caused by the police, and the closure report filed by the Crime Investigation Deparment (CID) in the matter is a “clear hasty action leaving much to be desired regarding the nature of the investigation”. "Because if a detailed investigation had already been done as is sought to be now suggested, there is no reason why a final report could not have been filed by the investigating agency in the normal course of events and needed an order to do so by the High Court and the court further finds that the closure report, therefore, lacks bona fide and in the interest of justice, the court comes to the conclusion that the case is required to de novo investigation to be done to maintain the confidence of the police upon the society and to suggest that the rule of law is meant for everybody, whoever he may be," the Court said..Hence, the Court set aside the closure report and directed the State Director General of Police (DGP) and State Home Secretary to constitute a fresh team of investigators, which will be headed by a senior police official. The Court said the team shall “consist of efficient personnel, well conversant with use of modern investigation technology also.” It further said that no officer, who was part of the investigation team leading to the closure report, shall be the part of the new team.Singh’s wife Jiramani Devi had approached the court in 2021 seeking a probe by the Central Bureau of Investigation (CBI) or Special Branch of CID officers. The Court was told that on June 12 in 2021, about 10-12 tribal men of the Piri Village had gathered in front of the house of one Rajeshwar Singh for hunting as a part of celebrating ‘Nem Sarhul’, an annual tribal celebration in Jharkhand. It was alleged that when the first group of men started moving towards the forest, the security personnel started firing from the other side without any warning. The victim was killed despite pleading that he was an “innocent villager”, the Court was told.The first information report (FIR) in the incident was registered only after the victim's wife approached the High Court. Even the order passed by the Magistrate under Section 156(3) CrPC was ignored by the authorities, the bench noted. However, after the registration of the FIR, the CID filed a closure report in the matter citing lack of evidence. .Justice Dwivedi said the Court has to ensure that accused persons are punished and that the might of the State is not used to shield the accused.The single-judge further said the investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner.“It is only when this court has intervened thereafter the order, passed by the learned Chief Judicial Magistrate, Latehar under Section 156(3) Cr.P.C. was complied by the State and the case was registered, in which, now it has been admitted that death has occurred due to the firing of the police that too innocent villager has been killed in the State of Jharkhand, where it has been claimed that the tribals are being protected,” noted the bench.While ordering a fresh investigation, the Court said it must be concluded within three months.On the aspect of compensation, the Court said the State already has a policy in this regard for compensation upon police atrocities and death in police lockup. “In view of the above facts, reasons, discussions and analysis and also considering Annexure-D to the supplementary counter affidavit, wherein, it has been admitted that the death of the husband of the petitioner has occurred due to police firing, the respondents-State shall pay a sum of Rs. 5,00,000/- (rupees five lakhs) in favour of the petitioner within four weeks from the date of receipt / production of this order and this shall be implemented through the Home Secretary, Government of Jharkhand, Ranchi within the aforesaid period,” the Court said while allowing the petition.Advocate Shailesh Poddar appeared for the petitioner-wife.Government Advocate Manoj Kumar appeared for the State while advocate Prashant Vidyarthi represented the Central government..[Read Judgment]