Allahabad HC Forms SIT to Investigate Man’s Death After Self-Immolation Over Land Dispute
The Allahabad High Court has mandated the formation of a Special Investigation Team (SIT) by the Uttar Pradesh Government to probe the tragic case of a man who set himself on fire. This drastic action was allegedly in response to police officers, in collusion with revenue officials, unauthorizedly occupying his land.
Details of the Court’s Order:
A bench comprising Justice Vivek Chaudhary and Justice Narendra Kumar Johari directed the formation of the SIT, which will include:
- Manjil Saini: Inspector General of Police (Vigilance Establishment, Lucknow), as the head.
- Radhey Shyam Rai: Additional Superintendent of Police, Gonda.
- Gaurav Ranjan Srivastava: Additional District Magistrate (Finance and Revenue), Bahraich.
The SIT is tasked with thoroughly investigating the case and submitting its report within six weeks in a sealed envelope.
Background of the Case:
The order came after the court expressed dissatisfaction with the local police’s handling of the investigation. The case revolves around a petition filed by Kushma, seeking to transfer the investigation from the local police to an independent agency like the CBI for a fair probe.
The petition alleges that the victim, Ram Bujharat, faced illegal occupation of his land by police officers who conspired with revenue officials to construct police station residences in Gaindas Bujurg, Balrampur. Despite Bujharat’s efforts to file complaints, no action was taken, which led him to self-immolate on October 24, 2023, in front of the police station. He succumbed to his injuries on October 30, 2023, after being hospitalized for six days.
Legal Proceedings:
The petition claims that despite the circumstances, the police failed to file an FIR for unnatural death. An application under Section 156(3) CrPC was filed in November 2023 before the Chief Judicial Magistrate (CJM) of Balrampur to lodge an FIR, which remained pending for a long time. A criminal writ petition was subsequently filed in the Allahabad High Court, leading to directions for the CJM to decide on the application within two months.
Following the CJM’s order, an FIR was lodged on March 17, 2024, under sections 447, 120B, and 306 IPC, along with Section 3(2)(V) of the SC/ST Act. However, due to concerns about the investigation’s integrity by the CO Utraula, a fresh writ petition was filed.
The petitioner’s counsel highlighted that although the victim survived for six days, no dying declaration was recorded, raising further concerns about the investigation’s thoroughness and fairness
Case title – Kushma vs. State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others