Allahabad HC Orders Probe Into Dalit Man's Death, Alleged Illegal Occupation of His Land by Police Officers

The Allahabad High Court recently directed the Uttar Pradesh government to establish a Special Investigation Team (SIT) to probe the death of a Dalit man who died by suicide after his land was allegedly unlawfully occupied by police officers, in collusion with revenue officials, to construct housing for Gaindas Bujurg Police Station personnel in Balrampur.

The order was passed by the bench of Justices Vivek Chaudhary and Narendra Kumar Johari in a plea filed by one Kushma to transfer the investigation from Police Station-Gaindas Bujurg to another police station or independent investigating agency like the CBI. The FIR is registered under Sections 447, 120B, 306 of the IPC & 3(2)(V) of the SC/ST Act.

The petition alleged that Sri Ram Bujharat’s land was illegally occupied by police and revenue officials to build residential accommodation for Police Station Gaindas Bujurg. Despite his efforts to file a complaint, no action was taken. On October 24, 2023, he self-immolated in front of the police station and died on October 30, 2023.

The police failed to file an FIR into his unnatural death, prompting an application under Section 156(3) CrPC on November 22, 2023, to the Chief Judicial Magistrate (CJM), Balrampur. After delays, the matter reached the high court which ordered the CJM on January 11, 2024, to decide on the application within two months. An FIR was finally lodged on March 17, 2024.

Due to improper investigation by the initial officer, the present writ petition was filed which led to the case being transferred on April 15, 2024, to C.O. Kaiserganj, Bahraich.

The petitioner also alleged that due to allegations against revenue and police officials, the police were not investigating the case properly. Despite the incident occurring on October 24, 2023, no effective investigation had taken place. The only action reported was a letter dated May 28, 2024, requesting the victim’s hospital records, indicating a lack of serious effort. Additionally, there was no record of a dying declaration from the victim, who lived for six days after the incident.

In its May 30 order, the High Court expressed dissatisfaction with the investigation and suggested forming an SIT. The court requested names of senior police officers with adequate expertise for the SIT, including one officer of at least Inspector General rank to head the team. The names were to be submitted to the court by June 12, 2024.

In compliance with the above order, the Additional Chief Secretary (Home Department), Government of UP sent the names of six police officers as well as three other officers, who are posted and working in the revenue department.

Taking into consideration the seriousness of the offence, the court, on June 14, ordered the formation of the SIT, which includes the Inspector General of Police (Vigilance Establishment, Lucknow) Manjil Saini, Additional Superintendent of Police, Gonda, Radhey Shyam Rai and Additional District Magistrate (Finance and Revenue), Bahraich Gaurav Ranjan Srivastava.

The court ordered the Special Investigation Team (SIT) to investigate the matter and submit its report in a sealed envelope within six weeks. The case will be next listed in the first week of August 2024.

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