Full Judgment Text
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PETITIONER:
SUDIP MAZUMDAR
Vs.
RESPONDENT:
STATE OF MADHYA PRADESH
DATE OF JUDGMENT: 15/07/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (6) 651 1996 SCALE (5)474
ACT:
HEADNOTE:
JUDGMENT:
THE 15TH DAY OF JULY, 1996
Present:
Hon’ble Mr.Justice K.Ramaswamy
Hon’ble Mr.Justice G.B.Pattanaik
K.T.S. Tulsi, Additional Solicitor General, (Rajeev Dhavan)
Sr. Ad. for Intervenors, Ranjit Kumar, A.Subba Rao, Anil
Katiyar, Uma Nath Singh, E.C.Vidya Sagar, Ms. A. Subhashini,
L.R.Singh, Pramod Kumar and Ms. Vimla Sinha, Advs. with them
for the appearing parties.
O R D E R
The following Order of the Court was delivered.
Sudip Mazumdar
V.
State of Madhya Pradesh
O R D E R
Application for intervention is allowed.
The departed soul of Shri Govind Mukhoty would feel
satisfied for the result as he had done yeomen’s service to
protect the precious lives of the tribals who used to go to
collect firewood etc. but became victims of firing in the
range. He devoted his life and was an ardent champion of
human rights of underprivileged and one of the cases which
he had left over unfinished, is this case which we are now
disposing or partly. In this case, or, account of test
firing practices being organised at a test firing range
near Itarasi in Madhya Pradesh, several of the tribals are
becoming victims of the firing and some of them succumb to
the injuries and several sustain grievous injuries. That
resulted in filing this writ petition. This Court, by order
dated March 13, 1994 by a Constitution Bench, had accepted
the recommendations made by High-level Committee of the
Government constituted pursuant to an order passed by this
Court. The recommendations, as accepted by this Court, are
as under:
"(i) The substitute plans of
erecting barbed wire fencing around
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the four target areas have been
worked out and is as per sketch
P.,Q. and Q1.
(ii) DSC personnel will be
deplayed to patrol the target areas
to prevent unauthorised entry by
metal pickets into the target area
and to protect the barbed wire.
(iii) Watch towers will be
constructed around the fencing to
provide effective field of
observations to the DSC guards to
carry out duties at (b) above.
(iv) Approach roads to the
target areas will be constructed
for easy access.
(v) Additional transport will
be provided to CPE Itarsi to ferry
DSC troops to and fro target areas
and to convey food and other
essential requirements to them
while on duty."
This Court gave the direction as
under:
"We direct the Government to accord
sanction in terms of its own prayer
in Criminal Misc. Petition No.
1360/94 immediately so as to allow
the tender process to be completed
and the work to commence within 3
months from today. The actual
physical execution of the work for
which 24 months’ time is indicated
in the aforesaid Note, shall be
reduced to and completed in a
period of 18 months."
For compliance thereof, the matter was adjourned from
time to time and ultimately time was extended by order dated
January 12, 1996 to submit full compliance report. Today, an
affidavit has been filed by Brigadier Kuppuswami Ramani who
is in-charge of Central Proof Establishment, Itarasi. As per
the report, full compliance of the directions issued by this
Court has been made. We accept the report and close the
matter on implementation part.
The writ petition is accordingly disposed of partly.
The proceedings in this writ petition are accordingly
closed. On maintainability, reference is awaiting the
decision of the Constitution Bench.