Dumka School Girl Killing Has 'Stirred Conscience Of Entire Country': Jharkhand HC Takes Suo Moto Cognizance, To Monitor Case

The Jharkhand High Court has taken suo moto cognizance of the Dumka girl death case wherein a school girl was reportedly killed after a man allegedly poured petrol on her from outside the window of her room while she was sleeping and set her ablaze.

The Division Bench of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan observed that the occurrence has stirred the conscience of not only the people of the State of Jharkhand rather the entire country, and it further decided to monitor the case.

"...since it is a heinous crime causing death due to pouring of petrol over the body of the girl early in 4 the morning and the death took place while being treated at RIMS and the occurrence has stirred the conscience of not only the people of State of Jharkhand rather the entire country, is of the considered view the same is required to be monitored by this Court so that expeditious investigation and trial could be held," the Court remarked

The court also interacted with the Director General of Police, Jharkhand who submitted that immediately on the date of occurrence, the culprit (One Mohammad Shah Rukh) was taken into custody and that another person was also apprehended who was accompanying the main accused as per the FIR.

The Director General of Police assured the Court that 30th August adequate security shall be provided to the family members of the victim. In view of this, the Court directed the Investigating Agency to place the further progress of the investigation on the next date of hearing [September 9, 2022] under the sealed cover.

Further, the Court also took into account a report published in the media that a police officer handling the probe of this matter had been interviewed by a channel wherein he indicated something towards the mental condition of the culprit.

Regarding this, the DGP assured the Court that he would enquire into the matter as to under what capacity a member of the disciplined force had spoken to the media regarding the mental condition of the named accused in the FIR and whether it has actually come in the investigation or he was trying to give a twist?

Lastly, the Director General of Police also undertook before this Court that there would be no delay in concluding the investigation and it is also being proposed at the State level that due request will be made to conduct the trial by the fast track court. He also undertook to ensure that there would be no interference by any means and by anyone in the investigation.

Now, regarding the medical assistance provided to the Victim, the Court noted that the death had occurred due to a lack of medical facilities which could not be provided immediately.

Essentially, the Court questioned the decision to take the victim to the RIMS, which is at a distance of about 280 kilometers, despite the fact that All India Institute of Medical Science (AIIMS) in the district of Deoghar was at a distance of about two hours from the place of occurrence.

When the Court was informed at the Bar that perhaps no burn treatment is available at AIIMS, the Court expressed its anguish and said that when the AIIMS has started functioning in the district of Deoghar, then why, even after its functioning, the burn ward is not available there?

However, in order to verify the updates about the same, the Court impleaded the Director, AIIMS, Deoghar to be a party to this proceeding, and he was asked to submit a report about the medical facilities which are available at AIIMS, Deoghar, more particularly by reporting to this Court about availability of burn ward at Deoghar.

"If there is no burn ward then whether the treatment for burn is available at Trauma Centre or not be also explained. Let such report be submitted by the Director, AIIMS on or before the next date of hearing. Let a copy of this order be communicated to the learned Additional Solicitor General of India by the office of this Court," the Court further directed.

Lastly, posting the matter for further hearing on September 9, the Court expressed its hope and trust that the investigation would be concluded at an early date without any unnecessary delay.

Case title - Court on its own motion v. State of Jharkhand [W. P. (PIL) No.4199 of 2022]

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