2021 Police Firing: Jharkhand High Court Directs Fresh Probe Into Tribal's Death, Orders ₹5 Lakh Compensation To Widow

The Jharkhand High Court has directed the state police to re-investigate the matter of Brahmadev Singh’s killing, who was allegedly killed by security forces in Latehar district on the suspicion of being a Maoist in June, 2021. Apart from this, the court also directed to pay Rs 5 lakh as compensation to Singh’s family.The above order came from the bench of Justice Sanjay Kumar Dwivedi while hearing a petition filed by Singh’s widow, Jiramani Devi, who had demanded a CBI probe into the matter.Justice Dwivedi observed, “The closure report is...in the mind, a clear hasty action leaving much to be desired regarding the nature of 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.” Petitioner's counsel had presented the following account: On June 12, 2021, during the early hours (around 8 o'clock), a group of approximately 10-11 tribal men from Piri Village gathered near the residence of Rajeshwar Singh. They were preparing for a hunting expedition in observance of 'Nem Sarhul', an annual tribal celebration in the State of Jharkhand.The practice involved hunting small animals such as rabbits and boars from the nearby forest to serve their guests. The hunters used 'bhartua guns', locally crafted firearms loaded with gunpowder for a single shot. These guns were traditionally employed to hunt small animals and scare away crop-damaging creatures.On that same day, one of the groups, consisting of six individuals, including Bramhadev Singh (the deceased husband of the petitioner), moved around 50 feet into the forest. Unexpectedly, security personnel from the opposite side began firing without any prior warning. Some of the individuals took cover behind a mahua tree, while others, including Bramhadev and Dinatha, raised their hands, placing their guns on the ground. They identified themselves as innocent villagers and pleaded not to be shot. Bramhadev even removed his shirt and pants, attempting to show he was an innocent villager. Despite these efforts, the firing persisted.First, Dinanath Singh was hit in the hand by a bullet, followed by Bramhadev Singh, who fell to the ground upon being shot. Witnessing the tragedy, the remaining individuals fled from the scene. Bramhadev's aunt, Panpatiya Devi, who arrived at the scene to check on him, was met with verbal abuse and chased away by the security forces.The villagers observed the security personnel carry Bramhadev across the river, where he appeared to be alive due to trembling hands and feet. However, he was shot again after being placed on the ground, and his clothes were changed. Images of Bramhadev in different attire were later circulated in newspapers, suggesting a cover-up by the security forces.The petitioner's counsel further shared that an offer of Rs. 30,000 to Rs. 35,000 in cash and a job was made to the petitioner and the deceased's elder brother by local police as an attempt to reconcile. The police admitted their mistake and requested forgiveness. However, upon the petitioner's refusal to compromise, false charges were brought against six villagers, leading to the initiation of Garu Police Station Case No. 24 of 2021 on June 13, 2021.Despite complaints made by the petitioner against the police officials and subsequent judicial directions, an FIR was not registered for months. The petitioner then approached the Chief Judicial Magistrate, Latehar, resulting in an order to register the case under Section 156(3) of the Criminal Procedure Code. However, even this directive was not promptly acted upon by the police.In a hearing on January 13, 2022, the court ordered the respondents to file a counter affidavit, acknowledging the incident and expressing concerns about the lack of fair investigation. Subsequently, by May 12, 2022, the court directed the registration of FIR Garu Police Station Case No. 11 of 2022 against the named police officials. The case was transferred to the Criminal Investigation Department (CID) for investigation.A progress report was requested by the Court on July 4, 2023. The supplementary counter affidavit revealed that Bramhadev Singh had died due to a police bullet. However, the case was closed citing a lack of evidence in both Garu Police Station Case No. 11 of 2022 and Garu Police Station Case No. 24 of 2021. The petitioner sought suitable compensation based on this revelation.The petitioner's counsel argued that despite the registration of the case against the implicated...

2021 Police Firing: Jharkhand High Court Directs Fresh Probe Into Tribal's Death, Orders ₹5 Lakh Compensation To Widow

Bhavya Singh

Tags