Bakoria fake encounter hc judgement

1. IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 312 of 2016
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Jawahar Yadav, S/o Devlal Yadav, R/o village-Newar, P.O. Matlong, P.S.
Manika, District-Latehar, Jharkhand. ....Petitioner
Versus
1. The State of Jharkhand through the Chief Secretary, Government of
Jharkhand, Ranchi.
2. The Home Secretary, Department of Home, Government of
Jharkhand, Ranchi.
3. The Director General of Police, Government of Jharkhand, Ranchi.
4. The Inspector General of Police, Government of Jharkhand,
Ranchi.
5. The Deputy Inspector General of Police, Government of Jharkhand,
Ranchi.
6. The Superintendent of Police, Palamau at Daltonganj.
7. The Central Bureau of Investigation, C.G.O. Complex, New Delhi.
8. The Director, CBI, C.G.O. Complex, New Delhi.
.....Respondents
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Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate
For the Respondent-State : Mr. Rajiv Ranjan, Sr. Advocate
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C.A.V. Order
00/22/10/2018 Heard the parties.
2. This writ application has been preferred by the petitioner for the
following reliefs:-
(i) For transfer of the investigation of Sadar (Satbarwa) P.S.
Case No. 349 of 2015, corresponding to G.R. No. 1118 of
2015 registered under sections 147, 148, 149, 353 and 307
of the Indian Penal Code, Sections 25(1-b)A, 26, 27 and 35
of the Arms Act, under section 4 and 5 of the Explosive
Substances Act and Section 17 of the Criminal Law
Amendment Act, presently pending before the learned Chief
Judicial Magistrate, Palamau at Daltonganj, to the Central
Bureau of Investigation(CBI) in which 12 persons were
shown or claimed to have been killed in a police encounter;
(ii) If the Hon’ble Court desires so, instead of handing over the
matter to the Central Bureau of Investigation, it may
constitute a SIT headed by the Retd. Judge of the Hon’ble
High Court and comprising of such officers of Jharkhand
State, who have worked in the CBI or NIA in the past and
have requisite experience to handle the investigation of
complicated cases, to cause a detailed investigation of the
said case and the investigation of the said SIT may be

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monitored by the Hon’ble High Court;
(iii) For any other suitable relief’s to which the petitioner may be
found entitled to in the eyes of law.
3. The facts of the case as narrated by the petitioner is that the son of
the petitioner namely Uday Yadav was a para teacher in a school in
Nevar village at Latehar. It has been stated that on 8/9th
June, 2015 the
son of the petitioner along with other relatives were sleeping on the roof
of the house when at about 10.00 P.M. they were forcibly taken away by
some persons on motorcycles. It has been alleged that on 10.6.2015, the
petitioner and others could come to know that his son UdayYadav, his
relative Neeraj Yadav along with 10 other persons were killed by a
banned organization referred to as Jharkhand Jan Mukti Parishad (
J.J.M.P in short). It has been stated that the police and the C.R.P.F. had
highlighted the incident as an encounter although the son of the petitioner
and Neeraj Yadav were never concerned with any Maoist activities.
Representations were given by the daughter in law of the petitioner to the
Chief Secretary/Home Secretary/D.G.P. for proper investigation into the
case but the entire episode was passed off as an encounter.
4. In order to appreciate the rival contentions, it would be necessary
at the first instance to refer to the contents of the First Information Report
which led to institution of Sadar (Satbarwa) P.S. Case No. 349/2015.
5. The First Information Report was instituted on the self statement of
Mohammed Rustam, Sub Inspector of Police in which it was stated that
on 8.6.2015 at about 9.40 P.M. an information was received that a group
of Maoists were intending to cross the Manika Satbarwa border. On
receiving such information a station diary entry was made and thereafter
the police personnel along with C.R.P.F. personnel left for the said place.
It has been stated that when they reached the metalled road in village-
Bhalwari situated in N.H. 75 they found the personnel of Cobra Battalion
209 already present. A joint inspection of the vehicles started and some
personnel of the Cobra Battalion were placed in strategic positions and
some police personnel were placed in the unmettaled road near Jumrati
Mian’s Crusher Plant. It has been alleged that at about 11:00P.M. a white
coloured Scorpio came speedily and on being asked to stop some of the
persons came out from the vehicle and fled away. On finding an
opportunity the Scorpio vehicle went towards Sarbarwa. The escapade of
the Scorpio was informed to the concerned Police Station through
wireless message. It has also been alleged that the police party had

3. -3-
followed the Scorpio. Subsequently, a silver coloured Scorpio came and
on seeing the police party went towards the unmettaled road and when
the personnel of the Cobra Battalion ordered the driver of the vehicle to
stop, the occupants’ started indiscriminate firing upon the police party.
Further allegation has been levelled that in spite of repeated orders to
stop firing and to surrender, the firing continued from the occupants’ of the
vehicle. It has been alleged that the members of the police party having
no other option were directed to resort to limited firing. The
Superintendent of Police, Palamau was given information about the firing
and request was made to send extra forces. After sometime the Inspector
General of Police, Palamau, the Superintendent of Police, Palamau and
the Commandant of C.R.P.F.-134 Battalion reached the place of
occurrence. It has been alleged that subsequently the firing stopped and
on search being conducted some injured persons who were found at the
place of occurrence were sent to the hospital and since there was no
movement, it was presumed that the occupants’ of the Scorpio vehicle
were dead. The inquest was conducted in the next morning in the
presence of the Circle Officer, Satbarwa and seizure lists were also duly
prepared.
6. In the background facts of the case enumerated above and before
taking note of the arguments advanced by the learned senior counsel for
the respective parties, it would be necessary to refer to the various
affidavits filed by both the sides.
7. The averments made in the writ application have been countered
by the C.I.D.in its first affidavit in which apart from refuting such
allegations it has been stated that the inquest report was prepared by the
Circle Officer of Satbarwa and swab (hand wash) of the dead persons
were also collected. The counter affidavit further reveals that the post-
mortem of all the bodies was conducted by a duly constituted Medical
Board at Sadar Hospital, Daltonganj and videography of the postmortem
was also done in terms of the guidelines of the National Human Rights
Commission. Continuing further with respect to the investigation which
has been carried out by the C.I.D.it has been stated that the seized fire
arms and ammunitions were firstly tested by the Sergeant Major, Police
Line, Palamau which included Insas rifels, Carbines and rifles of other
makes.
8. The findings revealed that firing pin of all the fire arms were found
effective and except one rifle all were found to have been used in firing. It

4. -4-
has also been stated in the said affidavit that the District Police had
conducted investigation from 9.6.2015 to 18.11.2015 after which the CID
had taken over the investigation. It has also been stated that the seized
fire arms, the swab of the dead persons and residue of the explosive
materials and detonators were sent to the State Forensic Science
Laboratory and on the basis of chemical analysis residues of sensitive
high explosive mixture of lead aside and lead styphnate as well as
residues of high explosive mixture of nitro glycerin, nitro cellulose and
potassium nitrate could be detected on the washing of the exhibits.
Counter affidavit further goes to add that the test report of the Forensic
Science Laboratory of the seized fire arms revealed that the fire arms
were found in perfect working condition. It has also been stated that the
examination of swab of deceased persons further revealed that firing was
done by three persons and for rest of the persons no opinion could be
arrived at. Out of the 12 deceased persons, eight persons had been
identified namely, 1. Uday Yadav, Kamlesh Yadav, 3 Dheeraj Yadav,
Anurag Jee @ R.K. Jee @ Dr.Saheb, 5.Santosh Yadav, 6.Ezaj Ahmad,
7.Dinesh Kumar Yadav 8. Neeraj Yadav. It has been stated that the dead
body of five unidentified persons were cremated after conducting
photography and photographs were also published in the newspapers
pursuant to which one person was identified as Budhram Oraon. The
counter affidavit of the C.I.D. also reveals that a magisterial enquiry was
conducted by the Additional Collector (Law and Order), Palamau wherein
the statements of all concerned including the villagers were recorded and
the inquiry ultimately came to a conclusion that there was an encounter
between the Police and the naxals. Several criminal antecedents have
also been referred to in the counter affidavit so far as the deceased
Anurag Jee and Kamlesh Yadav are concerned. It has also been stated
therein that the investigation was handed over to the C.I.D. vide memo
no. 242 dated 31.07.2015 and the investigation was taken over by the
C.I.D. on 5.1.2016. The counter affidavit further has tried to project a
picture that the investigation into the offence is being appropriately
pursued as it has been mentioned that after taking over the investigation
the Investigating Officer of the C.I.D. had prepared a sketch map and had
sent the towels seized from the seat of Scorpio vehicle bearing
registration no. WB 60E-2011 to the State Forensic Science Laboratory,
which had given its report.

5. -5-
9. The petitioner has filed a supplementary affidavit in which it has
been stated that during the pendency of the writ application, a team of
National Human Rights Commission visited Jharkhand on February-
March, 2017 to conduct an inquiry in the Bakhuria encounter case.
Reference has also been made to the letter of the NHRC dated 5.5.2017
the contents of which reads as follows:-
a) The D.G.P. Jharkhand to take suitable action against the I.Os
concerned, Supervisory Officers of the Police and the C.B/C.I.D.
who have failed to properly investigate such a major case and
submit a report.
b) The D.G.P., Jharkhand to have Case No. 349/2015 dated
9.6.2015 P.S. Satbarwa investigated expeditiously by an officer not
below the rank of Superintendent of Police under the direct
supervision of an I.G.
10. The supplementary affidavit further reveals that two of the police
officials of Jharkhand namely Sub Inspector Harish Pathak and Sri
Hemant Toppo the then D.I.G.Palamau range have given a vivid
description of the incident which according to them never happened and
the cover up which is being attempted by the Investigating Officer is to
help the police personnel involved in such barbaric act go scot free.
11. The petitioner in reply to the first counter affidavit of the CID has
filed an affidavit in which reference has once again been made to the
inquiry conducted by the National Human Rights Commission. It has been
stated therein that the murders were an act of conspiracy hatched by the
State Police/C.R.P.F. and the J.J.M.P. as independent witnesses have
disclosed that the victims were killed at some other location and their
bodies were transported subsequently to the purported scene of crime. It
has also been stated that the call details of the persons concerned in the
so called operation were not collected which would have established the
case of the petitioner and other aggrieved persons beyond redemption.
The reply once again reiterates about the statements given by the Sub-
Inspector of Police, Harish Pathak and the then D.I.G., Sri Hemant Toppo.
It further points out the various discrepancies which have surfaced in the
entire sequence of events leading to the occurrence and the perfunctory
investigation having been conducted by the State Police as also by the
C.I.D.
12. The petitioner has also filed another supplementary affidavit
wherein it has been stated that the petitioner and his other family

6. -6-
members have been approached and threatened with dire consequences
if the present case is not withdrawn. Infact the matter had been referred
to the A.D.G.P., C.I.D. on 6.12.2017 but no action has been taken by the
department as yet. The supplementary affidavit also reveals about the
contention of the petitioner regarding victimization of the persons who
were expediting the investigation which includes Sub-Inspector, Harish
Pathak who was transferred from Jamtara District to Jharkhand Police
Academy, Hazaribagh and M.V. Rao, Additional Director General of
Police, C.I.D. who was unceremoniously transferred within a few day of
his joining in the C.I.D. to a place of posting in New Delhi. It has also
been alleged in the supplementary affidavit that several other high ranking
police officials who know the actual facts have also been transferred. The
C.I.D. has also filed another counter affidavit trying to project a sequential
development of the events which had taken place after the C.I.D. had
taken over investigation from the District Police. It has been stated therein
that Palamau is an extremely naxal infested district since long. The
Intelligence Bureau, Government of India, the Special Branch of the State
and other intelligence collecting units have always expressed a great
concern over the area. It has been stated that the movement of the left
wing extremists is regularly followed and in this perspective, an
intelligence was generated by the I.B. about the movement of the
dreaded naxal Anurag Jee and three others. The message was
addressed to POLCENT, D.G.P., Jharkhand, A.D.G., Special Branch,
Jharkhand and I.G., C.R.P.F., Eastern Sector, Jharkhand for necessary
action. It has been submitted that again an intelligence generated by the
I.B. was reproduced by the Commandant (Int), C.R.P.F., Eastern Sector
about the movement of dreaded naxal Anurag Jee and two others.
Subsequently, the I.B. had generated continuous intelligence regarding
the movement of naxals and the same was forwarded to the appropriate
authorities for taking necessary action. By referring to the various
messages, the C.I.D. claims that there was a constant movement of the
naxal commanders in the area bordering Palamau and Latehar districts.
The counter affidavit reveals that in view of the intelligence, which has
been gathered, an operational plan was made consisting of two assault
groups comprising of Cobra personnel and personnel from Special Action
Team. The operational team of Cobra had moved from Khunti to Latehar
which was followed by the SAT team, which reached Latehar on 8.6.2015
at about 11.00 hours. The technical intelligence gathered from the tower

7. -7-
locations of the mobile phones of 14 dreaded naxals also proved their
movement in the same area. The officer incharge of Satbarwa O.P. got
an information about the discreet movement of the naxals on Latehar-
Palamau State highway from S.P., Palamau and was directed to
participate in the operation led by Cobra Battalion. The officer in charge,
Satbarwa O.P. in terms of the direction of the S.P., Palamau recorded the
same in the station diary and moved to the place of action with his 13
officers. The counter affidavit goes on to repeat that the district team
started checking the vehicles and the Cobra team led an ambush in the
probable route of retreat. It has been stated that after sometime a white
coloured Scorpio vehicle disregarding the orders of the police officers
sped away towards Palamau which made the police personnel alert and
suspicious. Soon thereafter, the Scorpio vehicle, which was going to
Palamau diverted its route to the eastern unmettled road. On seeing the
police personnel and the members of Cobra Battalion, who had
positioned themselves strategically in the route of retreat challenged the
vehicle to stop. However, instead of stopping the vehicle, the extremists
who were inside the vehicle started firing which continued for about an
hour. The Cobra force also replied by counter firing and after the firing
stopped, a search was made in which 12 dead bodies were found in
scattered position along with several rifles/carbines, 188 rounds live
cartridges, 117 rounds of empty cartridges and large quantity of logistics.
The present counter affidavit further reveals that swabs of deceased
extremists were collected and the inquest was also conducted by the
Executive Magistrate. A postmortem was done by the Medical Officer and
the same was video graphed. A team from the National Human Rights
Commission had visited the place of occurrence and after conducting a
confidential enquiry had directed that an S.P. ranked officer should
investigate the case which would be supervised by an I.G. ranked officer.
The counter affidavit also gives details about the test carried out by the
Forensic Science Laboratory. It also states that several witnesses were
examined including police personnels, witnesses from bereaved families
and independent witnesses. The counter affidavit details the large number
of cases pending against the decased-Anurag Jee. It also points to a
purported press release issued by the Bihar, Jharkhand, North
Chhatisgarh Special Area Committee, Vigilance and Regional and Zonal
Committee by stating that the son of the petitioner namely Uday Yadav
was a traitor. It also declared that all the deceased except the driver were

8. -8-
members of the PLGA (Peoples Liberation Guerilla Army).
13. The contents of the counter affidavit have been denied by the
petitioner in reply. It has been stated that none of the intelligence reports
which have been made in the second counter affidavit of CID contain any
reference to Uday Yadav, son of the petitioner or any other person,
against whom, no evidence has come regarding their involvement in
extremist activities. It has also been contended that the C.R.P.F. being
supposed to assist the local police and cannot act independently raises a
suspicion about the operational plan having been prepared by the
C.R.P.F. suo motu at Khunti. Suspicion has also been raised in this
affidavit that Sri Hemant Toppo, who was the D.I.G., Palamau at the
relevant point of time and Shri Ajay Linda, the then S.P., Latehar had
categorically stated that they were kept in the dark for the reasons best
known to the higher echelons of the police department. It has also been
stated that if the call details of the police officers who had supposedly
taken part in the operation were collected and analyzed the same would
clearly have revealed that at the time of so called encounter they were not
even present physically. Doubt has also been cast about the station diary
entry by stating that in order to fabricate the evidence back dated entries
could always be made. Manipulations of the evidence as per the reply are
apparent from the face of the record with respect to weapons which were
seized and later on repaired to establish the claim made by the police.
The petitioner has also relied upon a purported video recording of JJMP
extremist namely Gopal Singh who has disclosed that the incident was
actually carried out by the JJMP extremists in presence of the police
officers. The Magisterial Enquiry report has also been challenged by
stating that it is a one sided report favoring the concocted story planted by
the police as the findings are entirely based on the evidence of the police
personnel who have claimed themselves to be present and have taken
part in the enquiry. The Magisterial enquiry in absence of the statements
of independent witnesses is a farce which is another attempt made by the
police to hoodwink the general public. The affidavit also concentrates on
the statement of Harish Pathak who has given an altogether different
story and being the officer of Sadar Police, he was in a position to state
about the actual facts. The affidavits filed by the respective parties having
been taken note of, this Court now ventures into the arguments advanced
by the respective senior counsels and the investigation carried out by the
district police as well as the CID so as to come to a conclusion as to

9. -9-
whether an encounter had indeed taken place between the extremists
and the police and the C.R.P.F. acting in tamdem or there was an attempt
made to camouflage the actual incident.
14. Mr. R.S Mazumdar, learned senior counsel for the petitioner, has
submitted that 12 persons were killed, out of which, five were minors. He
submits that out of 12 persons, only two persons were supposed to be
having antecedents and the police has not come out with any evidence
with respect to rest 10 persons of they being involved in any criminal
activities. Learned senior counsel has stated that in the alleged place of
occurrence, no blood stains were found and on the recovered towels also,
no blood stains could be detected and the said towels were sent to the
Forensic Science Laboratory after about 18 months from the date of
occurrence. He further submits while referring to the Forensic Science
Laboratory report that RH factor of the towel cuttings has not been
specified and the Investigating Officer did not clarify as to whether the
blood group in the towel was of Izaz Amid, the driver of the Scorpio
vehicle or not. Learned senior counsel while producing at the bar various
colored photographs of the place of incident submits that apparently the
towel attached to the driver’s seat did not contain any blood stains. He
has expressed his doubts with respect to the fact that the dead bodies
were found in a queue which raises suspicion, more so on account of the
fact that the photographs of the original scene of crime is not available. It
has been stated that although the Investigating Officer has supposedly
collected the Call Details Report (CDR) of the so called extremist but it
had deliberately not collected CDRs of the police party although they
have claimed to have participated in the so called encounter. Learned
senior counsel submits that no blood or pellets were recovered from
inside the Scorpio vehicle, which totally and unequivocally negates the
prosecution case. It has further been alleged that the contents of the FIR
as well as the counter affidavit reveal that there was recovery of 117
rounds of empty cartridges from the place of occurrence but no seizure
was produced before the competent court for the reasons best known to
the authorities. Learned senior counsel adds that the magisterial enquiry
itself was a farce and an eye wash as no independent witnesses were
examined and the said enquiry had concentrated itself only with respect
to the statements of the police officials. He expresses surprise about the
local police being kept in the dark about the operation as no
communication or information was given during the so called operation.

10. -10-
Mr. Mazumdar has also referred to the directions given by the National
Human Rights Commission to the Director General of Police to take
action against the Investigating Officer as also to appoint an officer of the
rank of the Superintendent of Police to conduct the investigation. While
referring to the counter affidavit filed by the respondent no. 3, learned
senior counsel submits that the arms recovered were not effective but
were later on repaired and made effective. He has also referred to various
photographs and has stated that one of the guns did not even have a
barrel and it was basically a wooden pistol. He has stated that as per
police manual, the articles recovered had to be marked but the same was
also not done. Learned senior counsel adds further that the report of the
Forensic Science Laboratory with respect to the swabs taken of the
deceased persons indicated that the same were left handers, which also
belie the encounter, which is claimed to have taken place between the
police and the extremists. It has been stated that the exhibits were
produced before the court after 16 days and before the Forensic Science
Laboratory after 18 months without any reasonable explanation, which
further mystifies the incident and points to a farcical encounter by the
police. While referring to the inspection report of the vehicles, it has been
submitted that although a finding has been recorded that the mirrors of
the Scorpio vehicle were found to be totally broken but the same is
contrary to the photographs, which were initially taken, in which the
mirrors barring some bullets holes otherwise were found to be intact. He
has also referred to the presence of the then DIG, Palamau Range-Shri
Hemant Toppo and the Officer-incharge of Sadar P.S. Shri Harish
Chandra Pathak in the purported place of occurrence, both of whom,
have narrated an altogether different story than what has been stated in
the FIR and the subsequent investigation. Infact, Shri Harish Chandra
Pathak had brought the discrepancy to the notice of the higher echelons
of the police force much before the writ petition was filed but there was no
response on such revelations. Mr. Mazumdar has also highlighted the
transfer of ADG (CID), Shri M.V. Rao while stating that ADG(CID) was
taking appropriate and speedy measures to conclude the investigation in
a proper fashion but only to prevent the ADG(CID) to go to the bottom of
the actual incident he was unceremoniously transferred to an
inconsequential post at New Delhi. Infact, according to learned senior
counsel for the petitioner, whoever has tried to speed up the investigation
has been transferred, which further points to a needle of suspicion

11. -11-
regarding attempts to cover up the actual incident. Learned senior
counsel while once again reiterating his prayer for handing over of the
investigation to the CBI has referred to various judicial pronouncements in
the case of Dharam Pal Vs. State of Haryana and Ors. reported in AIR
2016 SC 618; Manohar Lal Sharma Vs. Principal Secretary and Others
reported in (2014) (2)SCC 532; Pooja Pal Vs. Union of India & Others
reported in (2016) 3 SCC 135 and Hema Vs. State through Inspector of
Police, Madras, reported in (2013) 10 SCC 192.
15. Mr. Rajiv Ranjan, learned senior counsel appearing for the
respondents-State, has vehemently submitted that nothing of substance
has been indicated by the petitioner, which would necessitate the
investigation to be carried out by the premier investigating agency of the
country. He has stated that investigation had been handed over to the
CID, which has taken appropriate steps by examining the independent
witnesses apart from the police officials including C.R.P.F. personnel
involved in the encounter and the investigation so far unerringly points to
an encounter having taken place at village Bakhuria between the
extremists and the police and C.R.P.F. personnel which led to the death of
12 persons including the dreaded extremist in the name of Anurag Jee.
Learned senior counsel submits that the case made out by the petitioner
does not merit consideration as it only concentrates itself on a supposedly
encounter having taken place between JJMP extremists and the
deceased extremists. Learned senior counsel submits that no aspersion
has been cast upon the police force. He has also referred to the inputs of
the Intelligence Bureau dated 25.5.2015, in which intelligence was
gathered that the dreaded naxal Anurag Jee was moving around and the
same was communicated to the Cobra battalion. Learned senior counsel
has also referred to the intelligence reports dated 27.5.2015 and
3.6.2015. He has stated that on 7.6.2015, two assault groups were
constituted of Cobra Battalion and SAP. Learned senior counsel has
projected the planning and execution of encounter by referring to GPS
location of Cobra battalion as well as the tower location of three naxals
who were moving around the area near Bakhuria village where the
encounter had ultimately taken place. He has stated that the bodies were
recovered in a scattered position but thereafter they were kept in a
straight line as such it cannot be construed that the encounter had taken
place elsewhere and the bodies were kept in a straight line at some other
place. Learned senior counsel further submits that 188 rounds of firing

12. -12-
was done by Cobra Battalion and the videography of the postmortem was
also prepared and preserved which would indicate that there was no
suppression of the actual facts as alleged by the petitioner. Learned
senior counsel also submits that initially the investigation was conducted
by the police but on 31.07.2016, case was handed over to the CID. While
referring to the postmortem, it has been stated that no charring injuries
were found which would rule out the possibility of firing from a close
range. He further submits that swabs were taken from both the right and
left hand and the findings were given by the State Forensic Science
Laboratory on the basis of chemical analysis. He has also stated that the
statements of 48 personnel have been recorded and the instructions
which were given by the erstwhile ADGP(CID) on 21.9.2016 are also
being scrupulously followed. Referring to the CD which contains the
statement of one Gopal Singh, Mr. Rajiv Ranjan, learned senior counsel,
submits that the same has been given in captivity under duress and
therefore no meaningful association can be made with the said CD
Learned senior counsel adds that more than 90 persons have been
examined by the CID and the investigation is going on a right direction
and on such consideration, CID be allowed to continue with the
investigation, more so in view of the fact that it is not an exceptional
circumstance to handover the investigation to the CBI.
16. Upon consideration of the submissions advanced by the learned
senior counsel for the respective sides, the case diary, which has been
produced by the State, has been perused. The case diary, which has
been perused is of the police which contains the self-statement of Md.
Rustom, the informant of Sadar (Satwarwa) P.S. Case No.349 of 2015.
Paragraph 5 contains the description of place of occurrence, which is at
village-Bakhuria under Satwarba O.P. towards the metalled road to
Latehar in N.H. 75 and an unmettaled road from Bhaluahi more which
goes towards Bhaluahi village. The re-statement of the informant has
been recorded at paragraph 7 and the statement of C.R.P.F personnel
namely Nitin Kumar Irla, Vishwadeep Kapil, Rajendra Singh and Devi Lal,
have been recorded at paragraphs 8, 9, 10 and 11 of the case diary.
Inquest report of all the 12 persons killed in the encounter finds place at
paragraph 17 of the case diary. Most of the other paragraphs are replete
with the statement of the police personnel of Satwarba O.P., the
personnel of Cobra battalions and the witnesses to the seizure list. Md.
Shamsuddin Ansari is an independent witness, whose statement has

13. -13-
been recorded in paragraph 32 of the case diary and who has disclosed
that on 8.6.2015 he was sleeping outside his house due to heat and at
about 12.15 A.M. he had heard the sound of firing. Since the area in
question is naxal infested, he locked himself inside the house due to fear
and in the morning when he went near the crusher machine of Jumrati
Mian he had seen a crowd having gathered and 10-12 bodies of
extremists were found lying. He has further stated that he had come to
know that on account of an encounter between the police personnel and
the extremists, several extremists including Anurag Yadav were killed.
Same fact has been disclosed by some of the independent witnesses
namely Ram Prasad Ram, Jafruddin Ansari, Nand Kishore Ram and
Fazal Karim. The postmortem report is mentioned at paragraph 234
onwards and the report of the State Forensic Science Laboratory finds
place at paragraph 244 which reveals that the fire arms, which were
recovered included automatic regular Insas rifle, semi automatic regular,
U.S. spring field rifle, semi automatic regular U.S. Carbine and single
sheet bolt action regular rifle, which were subjected to chemical analysis
and it was opined “sign of previous firing from the said rifles before
sending it to the laboratory”. The report further reveals that chemical
analysis was also done of the swabs(hand wash) collected from the left
hand and right hand of the deceased persons which were marked ½ and
1/R up to 12/2 and 12/R. It was concluded with respect to three deceased
that firing was conducted through left hand and so far as the rest are
concerned, the data obtained was not sufficient for any conclusive
opinion.
17. The investigation was taken over by the CID as noted above on
5.1.2016 and paragraph 397 contains the inspection report of Scorpio
vehicle bearing registration no. WB 60E-2011, which concluded that 48
bullet hole marks were found in the vehicle and it was opined that the
holes were covered by high velocity bullets fired frequently through fire
arms of 7.62 MM caliber, 5.56 MM caliber and .303 caliber rifles. The
investigation by CID apart from taking the statements of the witnesses
who were examined by the police under section 161 of Cr.P.C. had also
recorded the statement of various witnesses both independent as well as
personnel of Cobra battalion. The statement of Hemant Toppo has been
recorded in annexure to part-C of the case diary wherein he has stated
that he was posted from 20.2.2015 to 16.6.2015 as DIG, Palamau Range
having additional charge of Principal, Jungle Warfare School. He has

14. -14-
stated that on 8.6.2015, he was busy in his official work on account of visit
of the Additional Secretary, Home Department, Government of India and
he had returned to his residence through Monika, Bakhuria and Satwarba
and he did not find any unusual happenings. He has further stated that at
about 1 P.M., he received a call on his mobile informing him that DGP
wants to have a talk with him. He has disclosed that the DGP had
informed him about an encounter going on between the Cobra Battalion
and Naxals and he was directed to monitor the situation. The S.P.,
Latehar informed him that he was not aware about the incident of
encounter and the S.P., Palamau also claimed his ignorance about the
incident. He has also stated that Satbarwa O.P. Incharge had disclosed
about the hearing of gun shot from Bakhuria. He had reached Bakhuria
village at about 3.30 A.M. and found I.G. Palamau, S.P., Palamau, S.P.
Latehar, the Commanding Officer of Cobra Battalion and large number of
personnel from the police, Cobra Battalion and C.R.P.F. as well as some
media persons present. He had found 12 dead bodies smeared with
blood lying on the ground and some dead bodies had arms besides them.
He had doubted the encounter as there was no blood on the ground and
the dead bodies were lying in a queue and there was no prior information
to the police. He has further disclosed about his suspicion that the
incident had been carried out by the JJMP extremists. The statement of
Harish Chandra Pathak has also been visited who has stated that he was
the officer in charge of Sadar P.S. from 2014 to 28.6.2015. In the night of
8/9.6.2015 at about 2 A.M., S.P., Palamau had informed him that there
has been an encounter leading to some causalities and he was directed
to bring the ADM, Law & Order to the place of occurrence. He has stated
that when he reached the place of occurrence, it was dark and there were
several persons present. With the advent of dawn, he went to the place of
occurrence where he found the dead bodies lying in a single line and
arms were kept besides them. One of the rifles did not have a bolt and
magazine and there was no cartridge in nearby place. He has also
disclosed that there was no blood stains inside the Scorpio vehicle. The
Superintendent of Police had called him and directed him to become the
informant, which was politely refused by this witness. He has further
reiterated about detecting various discrepancies in the purported scene of
crime which is contrary to what has been claimed by the police officials
from the very initial stage. The case diary further reveals that the
statements were also recorded of Manju Yadav, wife of deceased Uday

15. -15-
Yadav, Ishwar Yadav, Santosh Yadav, Jawahar Yadav, petitioner of the
present case, the informant-Md.Rustom as well as several other
witnesses.
18. The contents of the case diary of the police as well as the CID have
been indicated in the preceding paragraphs only with a view to come to a
conclusion as to whether there indeed was some cover up of the actual
incident or the encounter as claimed by the police from the very initial
stage had indeed taken place with the extremists which led to the death of
12 persons.
19. Before recording a finding with respect to rival contentions
regarding the contentious issues placed before this Court, the judicial
pronouncements on the power of the court to handover the investigation
to CBI in appropriate cases has been taken note of.
20. In the case of Dharam Pal Vs. State of Haryana and others
reported in AIR 2016 SC 618=(2016) 4 SCC 160, it was held as follows:-
“20. Be it noted here that the constitutional courts can direct for
further investigation or investigation by some other investigating
agency. The purpose is, there has to be a fair investigation and a fair
trial. The fair trial may be quite difficult unless there is a fair
investigation. We are absolutely conscious that direction for further
investigation by another agency has to be very sparingly issued but
the facts depicted in this case compel us to exercise the said power.
We are disposed to think that purpose of justice commands that the
cause of the victim, the husband of the deceased, deserves to be
answered so that miscarriage of justice is avoided. Therefore, in this
case the stage of the case cannot be the governing factor.
21. We may further elucidate. The power to order fresh, de novo or
reinvestigation being vested with the constitutional courts, the
commencement of a trial and examination of some witnesses cannot
be an absolute impediment for exercising the said constitutional
power which is meant to ensure a fair and just investigation. It can
never be forgotten that as the great ocean has only one test, the test
of salt, so does justice has one flavour, the flavour of answering to
the distress of the people without any discrimination. We may hasten
to add that the democratic set-up has the potentiality of ruination if a
citizen feels, the truth uttered by a poor man is seldom listened to.
Not for nothing it has been said that sun rises and sun sets, light and
darkness, winter and spring come and go, even the course of time is
playful but truth remains and sparkles when justice is done. It is the
bounden duty of a court of law to uphold the truth and truth means
absence of deceit, absence of fraud and in a criminal investigation a
real and fair investigation, not an investigation that reveals itself as a
sham one. It is not acceptable. It has to be kept uppermost in mind
that impartial and truthful investigation is imperative. If there is
indentation or concavity in the investigation, can the “faith” in
investigation be regarded as the gospel truth? Will it have the
sanctity or the purity of a genuine investigation? If a grave suspicion
arises with regard to the investigation, should a constitutional court
close its hands and accept the proposition that as the trial has
commenced, the matter is beyond it? That is the “tour de force” of

16. -16-
the prosecution and if we allow ourselves to say so it has become
“idée fixe” but in our view the imperium of the constitutional courts
cannot be stifled or smothered by bon mot or polemic. Of course, the
suspicion must have some sort of base and foundation and not a
figment of one's wild imagination. One may think an impartial
investigation would be a nostrum but not doing so would be like
playing possum. As has been stated earlier, facts are self-evident
and the grieved protagonist, a person belonging to the lower strata.
He should not harbour the feeling that he is an “orphan under law”.
21. A note of caution was placed that the suspicion must have some
sort of foundation and would not be a figment of one’s wild imagination.
Infact the said judgment had taken into consideration the case of K.V.
Rajendran Vs. Superintendent of Police, CBCID South Zone, Chennai
and others, in which it was held as follows:-
“In view of the above, the law can be summarised to the effect that
the Court could exercise its constitutional powers for transferring an
investigation from the State investigating agency to any other
independent investigating agency like CBI only in rare and
exceptional cases. Such as where high officials of State authorities
are involved, or the accusation itself is against the top officials of the
investigating agency thereby allowing them to influence the
investigation, and further that it is so necessary to do justice and to
instil confidence in the investigation or where the investigation is
prima facie found to be tainted/biased.”
.
22. The responsibility of conducting an investigation being unfettered
by any outside interference is a sine qua non for a proper investigation
and in this context reference may be made to the case of Manohar Lal
Sharma Vs. Principal Secretary and others reported in (2014) 2 SCC 532.
The relevant is quoted hereunder:-
“24. In the criminal justice system the investigation of an offence is the
domain of the police. The power to investigate into the cognizable
offences by the police officer is ordinarily not impinged by any fetters.
However, such power has to be exercised consistent with the
statutory provisions and for legitimate purpose. The courts ordinarily
do not interfere in the matters of investigation by police, particularly,
when the facts and circumstances do not indicate that the
investigating officer is not functioning bona fide. In very exceptional
cases, however, where the court finds that the police officer has
exercised his investigatory powers in breach of the statutory
provision putting the personal liberty and/or the property of the citizen
in jeopardy by illegal and improper use of the power or there is abuse
of the investigatory power and process by the police officer or the
investigation by the police is found to be not bona fide or the
investigation is tainted with animosity, the court may intervene to
protect the personal and/or property rights of the citizens.
25.Lord Denning [The Due Process of Law, First Indian Reprint 1993,
p. 102.] has described the role of the police thus:
“In safeguarding our freedoms, the police play a vital role. Society for
its defence needs a well-led, well-trained and well-disciplined force of
police whom it can trust: and enough of them to be able to prevent

17. -17-
crime before it happens, or if it does happen, to detect it and bring the
accused to justice.
The police, of course, must act properly. They must obey the rules of
right conduct. They must not extort confessions by threats or
promises. They must not search a man's house without authority.
They must not use more force than the occasion warrants.”
26. One of the responsibilities of the police is protection of life, liberty
and property of citizens. The investigation of offences is one of the
important duties the police has to perform. The aim of investigation is
ultimately to search for truth and bring the offender to book”.
23. With respect to monitoring of investigation and the purposes of
such monitoring, it was concluded as follows:-
“38. The monitoring of investigations/inquiries by the Court is intended
to ensure that proper progress takes place without directing or
channelling the mode or manner of investigation. The whole idea is
to retain public confidence in the impartial inquiry/investigation into
the alleged crime; that inquiry/investigation into every accusation is
made on a reasonable basis irrespective of the position and status of
that person and the inquiry/investigation is taken to the logical
conclusion in accordance with law. The monitoring by the Court aims
to lend credence to the inquiry/investigation being conducted by CBI
as premier investigating agency and to eliminate any impression of
bias, lack of fairness and objectivity therein”.
24. In the case of Pooja Pal Vs. Union of India and others reported in
(2016) 3 SCC 135, it was a case involving the murder of the husband of
the appellant who was a Member of Parliament from Phoolpur
Constituency, in which investigation was handed over to the CBI after
considering the various authorities on the subject and the relevant are as
follows:-
“51. In Zahira Habibulla H. Sheikh [Zahira Habibulla H.
Sheikh v. State of Gujarat, (2004) 4 SCC 158 : 2004 SCC (Cri) 999] ,
commonly adverted to as “Best Bakery Case” on the theme, the
aspects of perfunctory and partisan role of the investigating agency
as well as improper conduct of the trial involved by the Public
Prosecutor surfaced for scrutiny. Though the trial was over resulting
in acquittal of the accused persons mainly as the purported
eyewitnesses had resiled from the statements made by them under
Section 161 CrPC (hereinafter to be referred to as “the Code”) during
the investigation coupled with faulty and biased investigation and
laconical trial, this Court responded to the request for a fresh trial
made by the State and one of the eyewitnesses, Zahira. It was
pleaded, inter alia, that when a large number of witnesses have
turned hostile, it ought to raise a reasonable suspicion that they were
being threatened or coerced. Apart from alleging that the prosecution
did not take steps to protect the star witnesses, it was contended as
well that the trial court had failed to exercise its power under Section
311 of the Code to recall and re-examine them as their testimony
was essential to unearth the truth and record a just decision in the
case.
54. It was propounded in Zahira Habibulla case [Zahira Habibulla
H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 : 2004 SCC (Cri)
999] that in a criminal case, the fate of the proceedings cannot

18. -18-
always be left entirely in the hands of the parties, crimes being public
wrongs in breach and violation of public rights and duties, which
affect the whole community and are harmful to the society in general.
That the concept of fair trial entails the triangulation of the interest of
the accused, the victim, society and that the community acts through
the State and the prosecuting agency was authoritatively stated. This
Court observed that the interests of the society are not to be treated
completely with disdain and as persona non grata. It was remarked
as well that due administration of justice is always viewed as a
continuous process, not confined to the determination of a particular
case so much so that a court must cease to be a mute spectator and
a mere recording machine but become a participant in the trial
evincing intelligence and active interest and elicit all relevant
materials necessary for reaching the correct conclusion, to find out
the truth and administer justice with fairness and impartiality both to
the parties and to the community.
55. In Zahira Habibulla case [Zahira Habibulla H. Sheikh v. State
of Gujarat, (2004) 4 SCC 158 : 2004 SCC (Cri) 999] while
highlighting the courts' overriding duty to maintain public confidence
in the administration of justice, it was enunciated as well that they
cannot turn a blind eye to vexatious and oppressive conduct,
discernable in relation to the proceedings. That the principles of rule
of law and due process are closely linked with human rights
protection, guaranteeing a fair trial, primarily aimed at ascertaining
the truth, was stated. It was held as well that the society at large and
the victims or their family members and relatives have an inbuilt right
to be dealt fairly in a criminal trial and the denial thereof is as much
injustice to the accused as to the victim and the society.
57. It was underlined in Zahira Habibulla case [Zahira Habibulla
H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 : 2004 SCC (Cri)
999] that if ultimately the truth is to be arrived at, the eyes and ears of
justice have to be protected so that the interest of justice do not get
incapacitated in the sense of making the proceedings before the
courts, mere mock trials. While elucidating that a court ought to
exercise its powers under Section 311 of the Code and Section 165
of the Evidence Act judicially and with circumspection, it was held
that such invocation ought to be only to subserve the cause of justice
and the public interest by eliciting evidence in aid of a just decision
and to uphold the truth. It was proclaimed that though justice is
depicted to be blindfolded, it is only a veil not to see who the party
before it is, while pronouncing judgment on the cause brought before
it by enforcing the law and administer justice and not to ignore or turn
the attention away from the truth of the cause or the lis before it, in
disregard of its duty to prevent miscarriage of justice. That any
indifference, inaction or lethargy displayed in protecting the right of
an ordinary citizen, more particularly when a grievance is expressed
against the mighty administration, would erode the public faith in the
judicial system was underlined. It was highlighted that the courts
exist to do justice to the persons who are affected and therefore they
cannot afford to get swayed by the abstract technicalities and close
their eyes to the factors which need to be positively probed and
noticed. The following statement
in Jennison v. Baker [Jennison v. Baker, (1972) 2 QB 52 : (1972) 2
WLR 429 : (1972) 1 All ER 997 (CA)] , was recalled: (QB p. 66)
“… ‘The law should not be seen to sit by limply, while those who
defy it go free, and those who seek its protection lose hope.’”

19. -19-
25. Consideration was also made with respect to the power of the
Court under Article 226 of the Constitution of India to handover the
investigation to the CBI and it was held as follows:-
“64. The content and scope of the power under Article 226 of the
Constitution of India to direct investigation by CBI in a cognizable
offence, alleged to have taken place within the territorial jurisdiction
of the State, without the consent of the State Government fell for
scrutiny of this Court in Committee for Protection of Democratic
Rights [State of W.B. v. Committee for Protection of Democratic
Rights, (2010) 3 SCC 571 : (2010) 2 SCC (Cri) 401] . While
examining the issue in the context of the power of judicial review as
embedded in the constitutional scheme, it was held that no Act of
Parliament could exclude or curtail the powers of the constitutional
courts in that regard. Reiterating, that the power of judicial review is
an integral part of the basic structure of the Constitution, it was
underlined that the same was essential to give a pragmatic content to
the objectives of the Constitution embodied in Part III and other parts
thereof. In elaboration, it was held that Article 21 of the Constitution
not only takes within its fold, the enforcement of the rights of the
accused but also the rights of the victim. It was predicated that the
State has a duty to enforce the human rights of the citizens providing
for fair and impartial investigation, against any person accused of
commission of any cognizable offence.
65. Referring to Section 6 of the Delhi Special Police Establishment Act,
1946, it was ruled in Committee for Protection of Democratic Rights
case [State of W.B. v. Committee for Protection of Democratic
Rights, (2010) 3 SCC 571 : (2010) 2 SCC (Cri) 401] that any
restriction imposed thereby could not be construed to be one on the
powers of the constitutional courts and thus cannot be taken away or
curtailed or diluted thereby. While proclaiming the supervening
powers of the High Court under Article 226 of the Constitution of
India to direct entrustment of the investigation to CBI as in the case
involved, this Court sounded a caveat as well that the very plenitude
of such power inheres a great caution in its exercise and though no
inflexible guidelines can be laid down in that regard, the same has to
be invoked sparingly, cautiously and in exceptional situation when it
becomes necessary to provide credibility and to instil confidence in
the investigation or where the incident may have national and
international ramifications or where such an order may be necessary
for doing complete justice and enforcing the fundamental
rights.(emphasis supplied)
75. That the extraordinary power of the constitutional courts under Articles
32 and 226 of the Constitution of India qua the issuance of direction
to CBI to conduct investigation must be exercised with great caution,
was underlined in Committee for Protection of Democratic
Rights [State of W.B. v. Committee for Protection of Democratic
Rights, (2010) 3 SCC 571 : (2010) 2 SCC (Cri) 401] as adverted to
hereinabove. Observing that although no inflexible guidelines can be
laid down in this regard, it was highlighted that such an order cannot
be passed as a matter of routine or merely because the party has
levelled some allegations against the local police and can be invoked
in exceptional situations where it becomes necessary to provide
credibility and instil confidence in investigation or where the incident
may have national and international ramifications or where such an
order may be necessary for doing complete justice and for enforcing
the fundamental rights.

20. -20-
79. The precedential ordainment against absolute prohibition for
assignment of investigation to any impartial agency like CBI,
submission of the charge-sheet by the normal investigating agency in
law notwithstanding, albeit in an exceptional fact situation warranting
such initiative, in order to secure a fair, honest and complete
investigation and to consolidate the confidence of the victim(s) and
the public in general in the justice administering mechanism, is thus
unquestionably absolute and hallowed by time. Such a measure,
however, can by no means be a matter of course or routine but has
to be essentially adopted in order to live up to and effectuate the
salutary objective of guaranteeing an independent and upright
mechanism of justice dispensation without fear or favour, by treating
all alike.
85. As succinctly summarised by this Court in Committee for Protection of
Democratic Right [State of W.B. v. Committee for Protection of
Democratic Rights, (2010) 3 SCC 571 : (2010) 2 SCC (Cri) 401] , the
extraordinary power of the constitutional courts in directing CBI to
conduct investigation in a case must be exercised sparingly,
cautiously and in exceptional situations, when it is necessary to
provide credibility and instil confidence in investigation or where the
incident may have national or international ramifications or where
such an order may be necessary for doing complete justice and for
enforcing the fundamental rights. In our comprehension, each of the
determinants is consummate and independent by itself to justify the
exercise of such power and is not interdependent on each other”.
26. In the case of Hema Vs. State through Inspector of Police, Madras
reported in (2013) 10 SCC 192, it was held as follows:-
“10. It is settled law that not only fair trial, but fair investigation is
also part of the constitutional rights guaranteed under Articles 20 and
21 of the Constitution of India. Accordingly, investigation must be fair,
transparent and judicious and it is the immediate requirement of the
rule of law. As observed by this Court in Babubhai v. State of
Gujarat [(2010) 12 SCC 254 : (2011) 1 SCC (Cri) 336] the
investigating officer cannot be permitted to conduct an investigation
in a tainted and biased manner. It was further observed that where
non-interference of the court would ultimately result in failure of
justice, the court must interfere. Though reliance was placed on the
above decision in Babubhai case [(2010) 12 SCC 254 : (2011) 1 SCC
(Cri) 336] by the appellant, it is not in dispute that in that case, the
High Court has concluded by giving detailed reasons that the
investigation was totally one-sided based on mala fides. Further, in
that case, the charge-sheets filed by the investigating agency in both
the cases were against the same set of accused. This was not the
situation in the case on hand. Though the State Crime Branch
initiated investigation, subsequently, the same was taken over by CBI
considering the volume and importance of the offence”.
27. Having pondered over the guidelines as propounded by the Apex
Court, this Court now ventures into the necessity or otherwise of handing
over of the investigation to the CBI. The photographs, which have been
produced and also brought on record, do create a doubt on the facts
placed by the police regarding the encounter. It is indeed surprising that
all the 12 bodies were kept in a line as if somebody had brought the dead
bodies from some other place and arranged it in a queue. If the place of

21. -21-
occurrence was indeed what has been divulged by the police as the place
where the dead bodies were found, it is highly improbable that the bodies
would be found in such a position and they would have remained
scattered. Although a feeble argument has been attempted on behalf of
the State that the bodies were initially in a scattered position and
subsequently were kept in a straight line, and if such was the situation, it
creates a graver doubt in absence of adequate quantity of blood in an
around the dead body and all the deceased had died due to gun shot
injury as it was but natural that huge quantity of blood would be around
the bodies and at nearby places and absence of the same leads
credence to the theory that the incident had taken place elsewhere and
the bodies were surreptitiously brought to the alleged place of occurrence
by giving it a colour of an encounter between the police force and the
extremists. Infact this issue was precisely conveyed by Shri Hemant
Toppo and Shri Harish Chandra Pathak in their statements recorded
under section 161 of Cr.P.C. The photographs further reveal that no blood
stains were found on the towel inside the Scorpio vehicle but the towel
which was sent to the Forensic Science Laboratory after a long delay was
found to be having a traces of human blood of AB Group. There is no
matching DNA report which would conclusively prove that the blood
detected in the towel was of the driver Izaz Ahmed. Another noticeable
factor which has also drawn the attention of the court is that the FSL team
had found the glasses of Scorpio vehicle fully broken but the photograph
reveals otherwise. The details of the inspection report of Scorpio vehicle
bearing registration no.WB 60E-2011 reveals that front glass, the rare
side glass, front seat, both side window glass, middle seat both side
window glass and rare right side window glass were fully broken and left
front wheel was damaged and several types of holes were found on the
body of the Scorpio vehicle. Apart from the glasses in the Scorpio vehicle
appearing to be intact barring bullet holes, the other noticeable feature is
that not a single bullet or empty cartridges were recovered from inside the
vehicle, which is contrary to what has been disclosed in the investigation
as it has been alleged that the firing had indeed taken place from inside
the vehicle also. It is to be noted herein that the photographs produced by
the petitioner has not been seriously disputed.
28. It is the case of the petitioner that several witnesses who were in
the know of the actual incident were never examined by the Investigating
Officer at the initial stage of investigation, which includes Smt. Suman

22. -22-
Gupta, the then I.G., Ranchi Range, Shri Rezi Dungdung, the then ADGP,
CID, Shri Ajay Linda, the then S.P., Latehar. These police pesonnel could
have thrown some light on the actual state of affairs but their non
examination at the initial stage of investigation, both by the police and by
the CID appear to further enhance the grave suspicion regarding the so
called encounter. The petitioner has relied upon a video of one Gopal
Singh, purported a JJMP extremist who has stated about the encounter
being carried out by the JJMP extremists but the veracity or otherwise of
such statement cannot be considered for the present as it is not known as
to whether such statement was given under duress or with an oblique
motive.
29. The State Forensic Science Laboratory had submitted its report
mentioning that the swabs were collected from the left hand and right
hand of the dead bodies. The report of the three deceased were
conclusive, in which firing was made through the left hand but no definite
opinion could be formulated with respect to other exhibits. This also
creates a doubt as to whether the deceased had indeed shot at the police
personnel and raises a suspicion regarding the so called swabs taken
from the left hand and right hand of the deceased.
30. It is well known that both Latehar and Palamau districts are naxal
infested. It is surprising that when it is claimed that there was a
preplanned move to track down the extremists the adjoining district police
was never even been made aware about the impending encounter.
31. In a case of this magnitude where 12 persons were killed the least
one would have expected was a fast paced, no frills investigation by the
police. The district police investigated from 9.6.2015 to 18.11.2015 and
thereafter it was the CID which took up investigation. The same also
proceeded at a snails’ pace. The pace picked up once Shri M.V. Rao,
ADG(CID) started supervising the investigation and in a meeting held on
8.12.2017 gave various directions, which would indicate that the
investigation was finally proceeding in a right direction but his transfer on
13.12.2017 to New Delhi raised obvious questions. Infact, an intervention
application was filed being I.A. No. 9878 of 2017, which was disposed of
on 19.12.2017 with certain directions. This Court is aware that for
administrative reasons, a person can be transferred but the timing of the
transfer of ADG(CID) can lead to various conclusions. The National
Human Rights Commission had also doubted the investigation by the
police as well as the CID as the DGP, Jharkhand was directed to take

23. -23-
suitable action against the I.Os concerned, supervising officers of the
police and CB/CID who have failed to properly investigate such a major
case.
The entire sequence of events narrated above raises more
questions than it answers regarding the investigation. Prima facie, it
appears to be an attempt to camouflage the actual incident by adopting
dilatory methods and conducting a perfunctory investigation.
32. Since the investigation by the police was not making much
headway and perhaps to restore sanity the investigation was handed over
to the CID, which is another investigating wing of the State Government.
The subject matter of Sadar (Satwarba)P.S. Case No.349 of 2015
involves the liquidation of 12 persons dubbed extremists through an
encounter by the police as claimed by the investigating agency and
disbelieved by many as a cover up to the acts of JJMP and to glorify the
so called police action. Dissenting voices have emanated in the form of
the then DIG-Shri Hemant Toppo and officer in charge of Sadar P.S. Shri
Harish Chandra Pathak who have convincingly doubted the story planted
by the police. This case is one of the most highlighted and controversial
cases in the State of Jharkhand. The public confidence has been shaken
and eroded on the consequential ramifications of the so called encounter.
The public confidence cannot be instilled if the State agencies continue to
investigate when the needle of suspicion points to the police force itself.
To quote the proverbial expression “Caeser’s wife must be above
suspicion”.
33. In order to instill the confidence of the public in the law enforcing
agencies and to uphold the dispensation of justice unfettered and uninfluenced
by any outside force, the premier impartial investigating agency of the nation,
the CBI has therefore to take up the investigation.
34. It is, therefore, directed that the Central Bureau of Investigation
(CBI) (Respondent Nos. 7 and 8) shall take over the investigation of
Sadar (Satwarba) P.S. Case No. 349 of 2015 and shall conclude the
same expeditiously and file a report as ordained by law before the trial
court.
35. This writ application stands disposed of with the aforementioned
observations and directions.
36. Pending I.As, if any, stand disposed of.
(Rongon Mukhopadhyay,J)
Rakesh/