IN THE GAUHATI HIGH COURT
THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH.
(CIVIL EXTRA ORDINARY JURISDICTION)
WRIT PETITION NO.3720 /2014.
Category : Police Action.
Code :
To,
The Hon’ble Mr. Justice A. M. Sapre, B.A., LL.B., the Chief Justice of the Hon’ble Gauhati High Court and His Lordship’s other companion justices of the said Hon’ble Court.
IN THE MATTER OF:-
An Application under Article 226 of the Constitution of India for a Writ in the nature of Mandamus and/or any other appropriate Writ, Direction or Order.
-AND-
IN THE MATTER OF:-
For enforcement of the fundamental rights of the Petitioner guaranteed under Part- III of the Constitution of India.
-AND-
IN THE MATTER OF:-
Violation of Article 21 of the Constitution of India.
-AND-
IN THE MATTER OF:-
Unnatural death of Sri Anand Kumar, son of the Petitioner at his working place at Margherita under the Coal India Limited, Margherita.
-AND-
IN THE MATTER OF:-
Margherita P.S: U.D. Case No. 08.2014.
-AND-
IN THE MATTER OF:-
The inappropriate and influenced investigation by the Assam Police (Margherita Police Station) in respect of Margherita P.S: U.D. Case No. 08.2014 in connection with death of late Anand Kumar.
-AND-
IN THE MATTER OF:-
For an impartial and independent enquiry by the CBI to the death of Anand Kumar died unnatural.
-AND-
IN THE MATTER OF:-
KAMLESH KUMAR AGARWAL, Resident of Main Road, Dumka- 814 101, District- Dumka, Jharkhand.
……………. PETITIONER
-VERSUS-
1. The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Department of Home, Dispur, Guwahati – 6.
2. The Director General of Police, Assam Police Headquarter, Rehabari, Guwahati.
3. The Officer-in-Charge, Margherita Police Station, P.O. Margherita District- Tinsukia, Assam.
4. The General Manager, Coal India Limited, North Eastern Coal Field, P.O. Margherita, District- Tinsukia, Assam.
5. The Superintendent, Lokpriya Gopinath Bordolai Civil Hospital, P.O. Tinsukia, District- Tinsukia, Assam.
……………… RESPONDENTS
6. Central Bureau of Investigation.
… PROFORMA RESPONDENT
The humble Petition of the Petitioner above named:
MOST RESPECTFULLY SHEWETH:
1. That the Petitioners, a poor person residing in the State of Jharkhand who was no-way connected with the North Eastern States due to his financial insufficiency except losing his young, educated and dynamic son in the State of Assam at the age of 26. Even though the Petitioner is residing far away from the jurisdiction of this Hon’ble Court, the Petitioner with full of pain at heart of having to perform ‘mukhagni’ to his young son died unnatural, has presented this Application before this Hon’ble Court under 226 of the Constitution of India seeking justice from this Hon’ble Court in tracing out the actual cause of suspicious unnatural death of his son Anand Kumar who claimed to be found dead at his working place at Margherita during absolute initial stage of his employment with his employer Coal India Limited.
2. That the cause of action arose within the jurisdiction of this Hon’ble Court and all the respondents performs their public duties under the authority of Government of Assam and the Central Government and are States within the meaning of Article 12 of the Constitution of India.
3. That the Petitioner is an unfortunate father of a son Anand Kumar (hereinafter referred to as the deceased) who was a brilliant student, gentle in behavior, well mannered, soft spoken and honest person without having any bad habits. All of his qualities were well acknowledged by all known to him at his native place in the State of Jharkhand as well as at his working place at Margherita. Late Anand Kumar was at the age of 26 years at the time of his death and was unmarried.
4. That Late Anand Kumar joined the Coal India Limited in October 2013 and was posted as Management Trainee (Finance) at North Eastern Coal Field, Margherita, in the District of Tinsukia, Assam having his Employee No. (EIS No.) 90321415. Accordingly he has been allotted a quarter by his employer at Dehing Officer’s Colony of North Eastern Coal Field, Margherita wherefrom he has been performing his duty honestly and happily.
5. That on 04.04.2014 at around 9.30 A.M. the Petitioner received a message from the employer of his son Anand Kumar, through one of his relatives that his son Anand Kumar’s condition was serious and he has been hospitalized at Margherita. It was also suggested by the Employer Company to send two- three near and dear ones of Anand Kumar immediately to Margherita to take case of Anand. Immediately Sri Vikash Kumar, cousin brother of Anand and Sri Aman Agarwal own brother of Anand and one close relative of the Petitioner, all of whom were residing in Kolkata, proceeded to Margherita by flight. They proceeded to Dibrugarh from Kolkata on the same day. It is pertinent to mention herein that all flight tickets to Dibrugarh for all three persons had been arranged by the employer Coal India Limited.
6. That after arrival at Dibrugarh Airport at 02.15 P.M. on 04.04.2014, the relatives of the Petitioner were intimated by officials of Coal India Limited to proceed to Tinsukia, instead of Margherita. They were further informed that Anand Kumar had passed away and that his dead body had been brought to Tinsukia Hospital for Post Mortem. Accordingly all relatives of the Petitioner were taken to Tinsukia by the Officials of the Coal India Limited, which they reached by 03.30 P.M. There they were surprised to find that the dead body of Anand Kumar was already under the process of Post Mortem and after some time relatives of the Petitioner were handed over the Death Certificate having Post Mortem No. 169/14 at 03.45 P.M., which was signed by the doctor conducting the post mortem. The Post Mortem report stated that time since death was 12-24 hours and the cause of death was written as pending. During the discussion with the officials of the Coal India Limited about the sudden death of Anand Kumar, it was stated by the employer Company officials that Anand’s Flat partner, Sri Amit Chaudhury knocked at Anand’s door at 07.45 A.M. on 04.04.2014. Finding no response from Anand’ s room, Sri Amit Choudhury then called other persons and they broke down the door of Anand’s room and found Anand lying on the floor. Immediately doctor was called up, who, after examining, declared Anand dead at 08.15 A.M. Later the doctor attending Anand issued a Death Certificate vide No. NEC/CMO/19/Med. dated 04.04.2014.
7. That the representatives of the employer Company offered relatives of the Petitioner to visit Margherita at about 04.15 P.M. on 04.04.2014, and at the same time they were told about the programme for moving the dead body of late Anand Kumar to Dibrugarh for packing as per Airline’s norms and after that they asked the relatives of Anand Kumar to visit Margherita from Dibrugarh. The Company officials took relatives of the Petitioner to Dibrugarh along with body of Anand Kumar. After completing the packing process relatives of the Petitioner had no courage to move further for Margherita having fear of their own security as they foresaw some conspiracy in the death of Anand Kumar. The place was quite new for them and the situation and circumstances had created fear in the minds of relatives of the Petitioner.
8. That on the next morning i.e. on 05.04.2014 all necessary formalities were completed for carrying the dead body of Anand Kumar to Kolkata by Air India flight from Dibrugarh as well as upto Dumka by road from Kolkata Airport and all those arrangements were made by the employer Company where Anand Kumar was serving including the journey of relatives of the Petitioner and their stay at Dibrugarh on 04.04.2014. Finally the dead body of Anand Kumar reached his home at Dumka at 10.00 P.M. on 05.04.2014. After reaching his home, all packing wraps were removed from the body of Anand Kumar to perform his last rite as per Hindu rituals and customs. The Petitioner along with other persons present therein were shocked to see a cut mark of approximately four inches on his right shoulder below the neck which could not have been part of the Post Mortem.
9. That all along, late Anand Kumar during his lifetime was physically fit and healthy and did not have any such disease for such unnatural death. Moreover late Anand Kumar was a sports person and an athlete from his school days and therefore there is no reason to believe that his death was caused due to any illness or sudden attack out of any disease. Therefore the Petitioner has reason to believe that his son late Anand Kumar was murdered and someone from the employer Company is trying to create a scene which would save the actual culprit who is involved in suspicious murder of the son of the Petitioner. Moreover the circumstantial incidents which took place before and after the death of late Anand Kumar raised a serious suspicion in the mind of the Petitioner about the killing of his young son Anand Kumar.
10. That the Petitioner describes following events before and after the death of late Anand Kumar which raises serious suspicion about the cause of his death.
(I) Death of Anand Kumar is said to have taken place early on 04.04.2014. Authorities of the Company had full knowledge that the relatives of the deceased have already moved from Kolkata to Dibrugarh and in fact, all the relatives of late Anand Kumar reached the Lokpriya Gopinath Bordoloi Civil Hospital at Tinsukia at 03.30. P.M. on 04.04.2014, but it is surprising that the Company Authorities instead of waiting for relatives of Anand Kumar had sent the dead body for Post Mortem. The return tickets for flight from Dibrugarh to Kolkata on 05.04.2014 at 12.15 P.M. were also booked and arranged by the employer Company, much before completion of the Post Mortem. This creates a serious suspicion that having a lot of time for return flight, why the Company was in a hurry for Post Mortem and they did not even wait for relatives of the deceased, to show the dead body and take consent for the Post Mortem. The cut mark present below the neck of the body of Anand Kumar (which cannot be a part of post mortem process) also creates a strong cause to suspect that the cause of death was not natural.
(II) In the whole process the role of Anand Kumar’s flat partner Sri Amit Chowdhury, is also under suspicion. Both late Anand Kumar and Sri Amit Chowdhury were living together in a same flat in two separate rooms having common lobby and kitchen. On the night of 03.04.2014 also, they were together in the same flat and therefore it is difficult to accept that Sri Amit Chowdhury would not hear or feel any abnormal activity on that particular night. As per Amit Chowdhury’s statement, till 09.00 P.M. on 03.04.2014 both of them were together and watched cricket match on TV, had their dinner together and after that they went for sleep in their respective rooms. He further stated that in the dinner there were separate dishes for both of them prepared by cook in their common kitchen.
(III) As per bank statement of Sri Aman Kumar, the brother of Anand Kumar, he has received an amount of Rs. 5,000/- from late Anand Kumar, by online net banking transfer in his bank account at 11.54.26 P.M. It clearly indicates that till 12.00 midnight, late Anand Kumar was physically and mentally fit with sound and stable mind and nothing untoward had happened till then.
(IV) As per Sri Amit Chowdhury’s statement he knocked Anand Kumar’s door at around 07.45 in the morning of 04.04.2014. It means death of Anand Kumar caused between 12.00 midnight to 07.45 in the morning. As per Post Mortem Certificate No. 169/14 which was signed by doctor conducting the Post Mortem at 3.45 P.M., death of Anand Kumar had occurred at 12-24 hours. Therefore actual death time of Anand Kumar was in between 12.00 midnight to 03.45 A.M. in the morning of 04.04.2014.
(V) Now what is to be investigated is that, who came in the room of late Anand Kumar between 12.00 midnight to 03.45 A.M. and what happened in the room during that period. It is also a matter of suspicion that how is it possible that in the silence of midnight, his flat partner Amit Chowdhury available in the adjourning room could not hear any sound or noise or saw any abnormal activities. The Petitioner strongly suspects that said Amit Chowdhury knows all happenings of that black night. He is either an eye witness of suspected murder or he is also involved in the whole activities. It is also a matter of fact that soon after the incident, the said Amit Chowdhury has been transferred from Margherita, Assam to Jharkhand which also raises serious suspicion about the involvement of the authorities of Coal India Limited in the matter.
(VI) That the cut mark of approximately four inches length on the right shoulder below the neck of Anand Kumar and noticed by the Petitioner and other relatives of the deceased at the time of funeral should be properly investigated as to why it was present on the body while it cannot be a part of Post Mortem. It clearly indicates that Anand Kumar had been attacked with sharp weapon by someone and ultimately he died on the spot or somebody has poisoned him.
(VII) The deceased Anand Kumar had visited his native place at Dumka in March’ 2014 and shared with one of the relatives that he had noticed some irregularities in the financial matters of his Company and he may have to face any type of pressure to sign and acknowledge such wrong dealings and that he was advised not to be a part of such activities and in case of pressure, he was advised to come back home. There are chances that late Anand Kumar must have encountered such pressure and on refusal to signing such papers he has been killed.
11. That the above facts create a serious suspicion in the mind of the Petitioner that his son was killed through a conspiracy where the management of his employer Company was also involved. The Petitioner further states that the Petitioner is financially weak person so as to come to Margherita, Assam for making such enquiry about the death of his son. The Petitioner also apprehends threats if he comes to enquire about the death of his son, considering the highhandedness behavior of the employer Company shown while dealing with after death activities of Anand Kumar. Out of fear, the Petitioner could not come to Assam to lodge any FIR on the death of his son Anand Kumar in the concerned police Station. The case which was registered by the employer Company where Anand Kumar served vide Margherita P.S. U.D. Case No. 08/2014, the Petitioner believes that the same was registered with a view to change the line of investigation and to hush up the entire case as well as to avoid financial liabilities of the employer Company.
12. That the Petitioner therefore vide his Letter dated 9th April’ 2014 addressed to the Director General of Police, Assam and requested him for a neutral and independent enquiry on the suspected murder of his son late Anand Kumar. Copy of the said letter was also served on the Superintendent of Police of the Tinsukia District and to the Deputy Commissioner, Tinsikia and also to various higher Authorities including the Chief Minister of Assam and to the PMO.
13. That the Petitioner thereafter requests all his relatives, well wishers and friends of Anand Kumar to help him in finding out the actual cause of death of Anand Kumar. The Petitioner was surprised to receive such shocking information in this regard that his son Anand Kumar was working in such a scandalized organization where CBI has already conducted an investigation in finance department of the employer Company where Anand Kumar was posed as trainee. It is pertinent to mention herein that late Anand Kumar had been entrusted to work in the Finance Department of the employer Company where an enquiry is being conducted by CBI regarding anomalies in respect of allotment of coal to the Government of Nagaland at the subsidized rate through a contractor named Mr. Nabin Singhal. There was an allegation that the contractor Mr. Nabin Singhal who has been allotted coal to supply to the Government of Nagaland at subsidized rate, has sold the allotted coal in the open market at market rate in connivance of some officials of Coal India Limited itself and therefore caused huge financial loss to the Government exchequer. Finding prima facie evidence in this regard, the employer Company had already transferred one of its Marketing Manager named as Deepa Kumar out of the North Eastern Coal Field, Margherita to some other coal field situated in some other place of the Company.
14. That as there was already an enquiry conducted by the CBI in the Department of Finance of the employer Company where the son of the Petitioner has been engaged as a trainee, the Petitioner strongly believes that late Anand Kumar was forced to manipulate some official records so as to shield corrupt officials of the employer Company along with the contractor Sri Nabin Singhal and for refusal to do so, the son of the Petitioner late Anand Kumar was killed by the officials of Coal India Limited with the help of said Nabin Singhal, the accused in the CBI Case, so as to demolish any evidence in respect of the said case. Even after death of Anand Kumar, the Police Authority have also not preceded with the investigation in proper direction and did not even take into custody Sri Amit Chowdhury, the flat partner of late Anand Kumar staying together on that particular night. Soon after the death of Anand Kumar, the immediate transfer of Sri Amit Chowdhury by the management of Coal India Limited to the State of Jharkhand also leads to serious suspicion that the Authority of Coal India Limited also does not want disclosure of actual cause for the death of late Anand Kumar. The Petitioner therefore strongly believes that the Authority of Coal India Limited, the contractor named Nabin Singhal who is an accused in the CBI proceeding, Sri Amit Chowdhury the flat partner of Anand Kumar who stayed together with Anand Kumar, the local Police as well as the doctor conducting the post mortem of Anand Kumar, all were involved in the killing of late Anand Kumar in a very planned manner and able to project it like a natural death caused to Anand Kumar. The Petitioner further states that the Petitioner was advised not to come to Margherita, Assam by the well wishers of his son Anand Kumar as they afraid, in case the Petitioner comes, he will also have to face the dire consequence like his son.
15. That the Petitioner is therefore approaching this Hon’ble Court for directing an impartial and independent enquiry into the death of late Anand Kumar by the Central Bureau of Investigation as the CBI is already conducting an enquiry in respect of the scandal of allotment of coal at subsidized rate to the Government of Nagaland where, there was a prima facie case of involvement of some officials of the Finance Department of Coal India Limited where late Anand Kumar was also posted. The Petitioner submits the following documents which are relevant in the present case:-
i. Annexure- I:- Death Certificate dated 04.04.2014 issued by the Sr. Medical Spl., Central Honpital, NEC, CIL, Margherita.
ii. Annexure- II:- Death Certificate (Medico- Legal) having Post Mortem No. 169/14 dated 04.04.2014 issued by the Medical and Health Officer- I, Tinsukia Civil Hospital.
iii. Annexure- III:- Certificate dated 04.04.2014 issued by the Officer-in-Charge, Margherita Police Station.
iv. Annexure- IV:- No Objection Certificate dated 04.04.2014 issued by the General Manager (Personnel) for carrying dead body of late Anand Kumar to his hometown for funeral.
v. Annexure- V:- Letter dated 09.04.2014 addressed to the Director General of Police, Assam by the Petitioner.
16. That the Petitioners have no other efficacious, effective and alternative remedy and the remedy sought for by way of the instant petitioner is just, appropriate and proper.
17. That the Petitioner had demanded justice from various authorities but the same have been denied so far to the Petitioner.
18. That this petition is being filed bonafide and in the interest of justice.
In the premises aforesaid it is therefore respectfully prayed that Your Lordship may be graciously pleased to admit this petition, call for the records of the case and issue a Rule calling upon the Respondents to show cause as to why a Writ in the nature of Mandamus and/or any other appropriate Writ, Order or Direction shall not be issued by transferring the case of Margherita P.S: U.D. Case No. 08/2014 to the Central Bureau of Investigation for further investigation of the case and/or issue such appropriate Writ, Order or Direction giving full relief/ reliefs to the Petitioner on cause or causes that may be shown and after hearing the parties, Your Lordship may be pleased to make the Rule absolute and/or pass such further or other order/ orders as Your Lordship may deem fit and proper.
And for this Act of kindness Your Petitioners as in duty bound shall ever pray.
A F F I D A V I T
I, Kamlesh Kumar Agarwal, son of Late ________________, aged about ___ years resident of Main Road, Dumka- 814 101 in the District of Dumka, Jharkhand do hereby solemnly affirm and state as follows:-
1. That I am the Petitioner in the instant Writ Petition and as such I am well acquainted with the facts and circumstances of the present case and therefore I am competent and authorize to swear and sign this present affidavit.
2. That the statements made in paragraphs _____________________________ of the accompanying petition are true to my knowledge and those made in paragraphs ____________ are matters of records which I believe to be true and correct and the rests are my humble submissions before this Hon’ble Court.
3. That the annexures annexed to the writ petition are the true copies of its originals.
And I sign this present affidavit on this _____ day of June’ 2014 at ………………….., Jharkhand.
On Oath
I swear that this my declaration is true, that it conceals nothing and that no part of its false, so help me God.
Identified by:-
PFA
__._,_.___
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