Allahabad HC Forms SIT To Probe Man's Death Who Set Self On Fire After His Land Was 'Unauthorizedly' Occupied By Cops

As per the order of a bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari, the Special Investigating Team (SIT) will consist of three members: Manjil Saini, Inspector General of Police (Vigilance Establishment, Lucknow), as the head, and Radhey Shyam Rai, Additional Superintendent of Police, Gonda, and Gaurav Ranjan Srivastava, Additional District Magistrate (Finance and Revenue), Bahraich, as members.

The SIT has been tasked with investigating and probing the matter and to submit its report in a sealed envelope within six weeks.

On the previous day of the hearing in the matter, the division bench expressed its dissatisfaction with how the local police were investigating the case. Hence, the state government was asked to suggest the names of senior cops for forming an SIT.

The division bench passed this order while dealing with a Writ petition filed by one Kushma seeking the transfer of the investigation from the local Police Station to another Police Station or independent investigating agency like CBI, etc., for a fair and proper investigation.

The writ petition alleged that the victim's (Ram Bujharat) land was illegally occupied by police officers, who colluded with revenue officials to construct police station residences in Gaindas Bujurg, Balrampur.

As per the claim made in the plea, despite his efforts to lodge a complaint, no action was taken, leading him to self-immolate on October 24, 2023, in front of the police station. He died on October 30, 2023, after being hospitalised for 6 days.

The plea claims that although the police were expected to file an FIR for unnatural death, no action was taken. Therefore, an application under Section 156(3) CrPC was filed in November 2023 before the Chief Judicial Magistrate, Balrampur, for lodging of FIR. The application had also remained pending for a long time.

Thereafter, a criminal writ petition was filed in the Allahabad High Court, wherein directions were given to the Chief Judicial Magistrate (CJM) of Balrampur to decide on the application within two months.

Following the CJM Court's order, though an FIR was lodged on March 17, 2024, u/s 447, 120B, 306 IPC & 3(2)(V)SC/ST Act, however, since the investigation was not conducted properly by the CO Utraula, the present writ petition was filed.

The Counsel for the petitioner submitted that though the victim remained alive for nearly six days, however, there was no reference to the recording of any dying declaration of the victim.

Therefore, in the given circumstances, the prayer in the plea was to the effect that a fair and proper investigation is not possible in the manner in which it is being conducted at present.

Case title - Kushma vs. State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others

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