The Allahabad High Court has directed the Uttar Pradesh government to form an SIT to probe the death of a Dalit man who allegedly set himself ablaze after his land was unauthorisedly occupied by police officers in connivance with revenue officials to build accommodation for personnel of the Gaindas Bujurg police station in Balrampur. “Taking into consideration the seriousness of the offence, opposite party No.1 is directed to constitute Special Investigating Team (SIT) including the officers Smt. Manjil Saini, Inspector General of Police (Vigilance Establishment, Lucknow), Shri Radhey Shyam Rai, Additional Superintendent of Police, Gonda, and Shri Gaurav Ranjan Srivastava, Additional District Magistrate (Finance and Revenue), Bahraich. The seniormost officer shall be the head of the Special Investigating Team (SIT) and other two officers shall be its members. The Special Investigating Team (SIT) will investigate and probe the matter and will submit its report in a sealed envelope within a period of six weeks from today,” the court said in its order passed on June 14, while hearing a petition filed by one Kushma seeking a direction to transfer the investigation to another police station or an agency like the CBI. In an earlier order, the high court expressed dissatisfaction with how the police were investigating the case. The government advocate then submitted that the police were making their best efforts to conduct a fair and proper investigation and that the state was open to having the matter investigated under the supervision of appropriate administrative authorities, including senior police officers. The court then directed the additional chief secretary (home) to suggest the names of senior police officers for the constitution of an SIT, including an officer not below the rank of inspector-general of police to head the panel. The additional chief secretary thus sent the names of six police officers as well as three revenue department officers. According to the petition, Ram Bujharat, 35, had tried his best to lodge a complaint about the illegal occupation of his land, but no action was taken. On October 24 last year, Bujharat attempted suicide in front of the Gaindas Bujurg police station. On October 30, he died during treatment at a hospital. The police initially did not register an FIR despite the fact it was an unnatural death. After his family moved a local court, an FIR was registered on March 17 under Indian Penal Code sections including 447 (criminal trespass), 120B (criminal conspiracy) and 306 (abetment of suicide) at the Gaindas Bujurg police station in Balrampur, following the court’s directive. The police also invoked the SC/ST (Prevention of Atrocities) Act against the accused. Although Ram Bujharat remained alive for nearly six days after the suicide attempt, there is no reference of recording of any dying declaration from him, according to the petition, which also stated that a fair and proper investigation would therefore not be possible under such circumstances. The court has directed that the matter be listed for hearing in the first week of August.
