Supreme Court will hear Navaruna Case, issued noticed to Union of India , Bihar govt.

Justice R M Lodha and Justice Anil R. Dave issued notice to Bihar Govt. and Union of India within 6 weeks. Item no.12, court no.6, dated 7/1/2013

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRL) NO. ___178_______OF 2012

[PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA READ WITH ARTICLES 21, 19, 14, 21A, 256, 257 and 356 OF THE CONSTITUTION IN PUBLIC INTEREST FOR A WRIT OF HABEAS CORPUS]

IN THE MATTER OF:

1.                 Abhishek Ranjan Kumar

With  Aaditya Kumar, Rahul Maurya, Nikhil Kumar.

         

Petitioners

Versus

1. Union of India,

                  2. Hon’ble Union Home Minister of India represented

3. Chief Secretary, Government of Bihar

4.       Shri Abhayanand, IPS

Director General of Police, Bihar

Police Headquarters, Old Secretariat,

Patna, Bihar-800015.

5.       Station House Officer

Town  Police station, Muzaffarpur,

Bihar.

6.       Sh. Amit Kumar Sub Inspector

and investigating Officer,

Town  Police station, Muzaffarpur,

Bihar.

7.       Resident Commissioner of Bihar

Stationed in Delhi, Kautilya Marg

Chanakaya Puri, New Delhi-110001.

Respondents.

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA READ WITH ARTICLES 21, 19, 14, 21A, 256, 257 and 356 OF THE CONSTITUTION IN PUBLIC INTEREST FOR A WRIT OF HABEAS CORPUS FOR THE SAFE RETURN OF NAVARUNA A MINOR AGED 11YEARS, STUDENT OF 7TH CLASS ST. XAVIERS SCHOOL, MUZAFFARPUR.

SYNOPSIS

            The present writ petition places before this Hon’ble Court the kidnapping of Navaruna aged 11 years and a student of 7th Class studying St. Xaviers School Muzaffarpur in Bihar in intervening night of  18th and 19th 2012 from her bedroom. This family being a Bengali Speaking people are a linguistic minority in the State of Bihar. The S.H.O. Town police Station registered the case U/ss 364 and 366 IPC, but till now i.e. for over two months the child has not been recovered. The Investigation Officer came to Delhi and threatened the petitioners and the student community to stop their legitimate demonstrations or all will be arrested. The petitioners have recorded these threats and transcript forming part of the annexures alongwith a C.D. The petition is also supported by the official records of National Crime Reports Bureau (See Bihar police website) which puts kidnappings in Bihar for the years 2010 and 2011 above 4000 each year. The website of the Bihar Police has also put the figures of kidnappings in the State till August this year more than 3000 among which there are some, ransom demands, All these are official records. In addition the national and international print and electronic media has been reporting statements by some well known public men demanding the Chief Minister of the State of Bihar as to why his government is not able to recover the childand of the existing crime atmosphere in the State to which neither he nor any minister of his cabinet had spoken to the public whose confidence in governance of State is dwindling which is touted as Susashan i.e. good governance.

          The situation represents total failure of law and order which is the primary duty of the State of Bihar and the Union Government is duty bound to take necessary measures under the constitution and restore public order.

          The police allege that it is a case of elopement and also may be case of property dispute without producing on iota of evidence. The petition is filed purely in public interest without any private, personal interest or gain solely to save the child Navaruna and restore people’s faith in Rule of law.        

PRAYER

In view of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a)     issue a writ of Habeas Corpus directing the respondents No. 3,4 and 5 to produce the minor child Navaruna before this Hon’ble Court;

(b)     issue direction to the Respondents No.1 and 2 to take the governance of the State of Bihar to curt crimes and restore law and order in the State protecting the life and liberty of Navaruna and also of the general public in that state;

(c)      direct the respondent No.1 and 2 to hand over the investigation of the present case to CBI or any other organization;

(d)     grant any other relief which the Hon’ble Court deems fit and proper in the circumstances of the case;

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IS DUTY BOUND SHALL EVER PRAY.