Jharkhand High Court
Clement Toppo vs Union Of India & Others on 6 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(C) No. 6172 of 2012
........
Clement Toppo ..... Petitioner
Versus
Union of India & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
............
For the Petitioner : Mr. Yogendra Prasad, Advocate
For the Respondents /State : Mr. Om Prakash Tiwary, G.P.-III
For Union of India : Mr. Pratyush Kumar, Advocate.
........
17/06.12.2021.
Heard, learned counsel for the parties.
The petitioner-Clement Toppo has preferred this writ petition on
06.10.2012 for direction upon the respondent-authority for payment of the
compensation of Rs.10,00,000/- with interest to the petitioner, for the
death of his mother, who died of injuries caused to her by a bomb
exploded by the Military during firing practices on 08.03.1999.
Learned counsel for the petitioner has submitted, that petitioner is a
member of scheduled Tribe community, who resides in the Village-
Mahadeo Toli, P.S.- Namkum, District- Ranchi. His mother namely Baily
Toppo was picking up the tamarind in the field on 08.03.1999 at about
2.30 P.M. at a distance of 30 feet from her residential house towards south
east direction. Suddenly, she (Baily Toppo) was hit by burst of bomb of
military during field firing practice at Horhap, which caused injuries and
resulting into her death and to that effect an F.I.R. has been lodged at
Namkum P.S., which was registered as Namkum P.S. Case No.20/1999
under Section 304 of IPC against unknown Army Jawans / persons. The
autopsy of the dead body was conducted on 09.03.1999 at Rajendra
Medical College at Ranchi and as per the opinion of the Doctor, the
injuries caused by explosion and the death is due to haemorrhage and
shock. Both documents have been brought on record as Annexure - 1& 2
to the writ petition.
Learned counsel for the petitioner has further submitted, that
deceased Baily Toppo was looking after her ailing handicapped husband,
who was suffering from Paralysis and after her death, there is no body to
look after the ailing father of the petitioner and she was the main active
earning member of her family.
Learned counsel for the petitioner has placed reliance upon the
judgment passed by Hon'ble Meghalaya High Court in the case of Smti.
Glotilda Syiem Vs. The Union of India and Others reported in (2015)
AIR (Meghalaya) 12, in which it has been held of Hon'ble Meghalaya
High Court that earlier Rs.6 lacs was paid to the dependent of the deceased
and pursuant to the order passed by the Hon'ble High Court each writ
petitioners have been paid Rs.2 lacs above that Rs.6 lacs for the death of
citizens as a result of police firing.
Learned counsel for the Union of India, Mr. Pratyush Kumar has
submitted that the counter affidavit has been filed by OC HQ Coy, on
03.07.2013 and has not denied such occurrence, rather it has categorically
been stated that the representation has never been filed before the
concerned respondent nor the petitioner has produced the proof of Post
Office foils of Speed Post / Registered Mail, as such, in absence of
representation filed by the petitioner, no decision has been taken by the
Union of India.
Learned counsel for the respondents / State, Mr. Om Prakash
Tiwary, G.P.-III has submitted that the counter affidavit of respondent nos.
3 to 5 has already been filed by the Circle Officer, Namkum and they have
also not denied the occurrence, rather as per the State, it has been
submitted that application has been sent to the Major General A.S. Kliar,
General Officer, Commanding Hqrts. 23 Inf. Div. C./o 99 APO and the
Secretary, Military of defence, Govt of India, New Delhi on 08.05.1999
with a copy to the Commander, Hqrts. 61 Infantry Brigade C/O 99 APO
intimating the above incident and demanded a compensation of
Rs.10,00,000/-. The petition has also been forwarded to the Secretary,
Ministry of Defence, Govt. of India, South Block, New Delhi by the
Assistant Registrar, National Human Rights Commission (Law Division),
Sardar Patel Bhawan, Sansad Marg, New Delhi on 06.10.2001 for taking
appropriate action in the matter as per the decision of the commission as
such injury has been caused upon mother of the petitioner Baily Toppo by
Military bomb during firing practices in Horhap Forest on 08.03.1999.
Learned counsel for the respondents / State, Mr. Om Prakash
Tiwary, G.P.-III has thus submitted that matter has been referred before the
Ministry of Defence as well as National Human Rights Commission and
in view of the judgment passed by the Apex Court in the case of M. C.
Mehta & Anr. Vs. Union of India & Ors. reported in (1987) 1 SCC 395 as
well as in the case of Smt. Nilabati Behera @ Lalit Behera Vs. State of
Orissa and Ors. reported in 1993 (2) SCC 746 compensation may be
awarded to the petitioner.
Considering such submissions, the Union of India is directed to
produce the scheme available in the year 1999 and scheme available as on
today before this Court by 17.12.2021.
Put up this case on 20.12.2021.
(Kailash Prasad Deo, J.)
Jay/
