Report X
INVESTIGATION REPORT INTO THE ACCIDENTAL DEATH OF A POOR SCHOOL
BOY DUE TO ELECTROCUTION IN CHANDIGARH
CHANDIGARH
September 3, 2002
INTRODUCTION
On receiving an information from some resident of village Makhan
Majra, U.T. Chandigarh on September 2, 2002 that a boy has been
electrocuted on touching a water cooler in a primary school on
September 1, 2002, an investigation team of Lawyers For Human
Rights International was constituted which comprised of Ms. Veena
Sharma, Lady Vice-President, Mr.Arunjeev Singh Walia, Press Secretary
and Mr. Ravinder Singh Bassi, Office Secretary, to visit the place
of occurrence and prepare an investigation report about the incident.
The team visited village Makhan Majra, U.T. Chandigarh on September
2, 2002 and met the Head teacher of the Government Primary School,
Makhan Majra, U.T. Chandigarh and inspected the spot where the
child had suffered death. The team also met the parents of the
victim and assured all possible help and free legal aid to them.
PERSONS TO WHOM WE MET
- Mr.R.D. Garg, Head Teacher, Govt. Primary School, village
Makhan Majra, U.T.
- Mr.Bikram, father of the deceased child, resident of Jhuggi
No.4, vill.Makhan Majra, U.T. Chandigarh
- Constable present at Govt. Primary School, Makhan Majra,
U.T. Chandigarh
FACTS
Village Makhan Majra is on the Chandigarh-Ambala Road, Opposite
Airport turning in the Union Territory of Chandigarh with a population
of around 10,000 people. There is only one Primary School where
children from families living below poverty line study. The Government
Primary School in the village is having a strength of 135 students
in six classes, five teachers besides the Head teacher. The school
building is surrounded by a low height boundary wall which is
easily accessible by the school students. There is one water cooler
fenced with iron grill in the school and another water tank in
the school premises. Most of the students drink water from the
water cooler. There are two toilets, but no sweeper or chowkidar
to guard the school. This school is being run under the Director
Public Instructions (Primary Schools), U.T. Chandigarh. The students
belonging to Scheduled Caste or Scheduled Tribes are given scholarship
worth Rs.300 per month and 3 kg wheat per month. Since the water
cooler gives cold water during summer season, most of the school
students and residents of the area come and fetch cold water from
the school water cooler. There being no Chowkidar, the school
gate is never locked from outside.
On September 1, 2002 at about 10.30 a.m. Dharminder, 8 years
old, student of 2nd class in the school, living nearby came to
the school and went towards the water cooler to fill his water
bottle. As soon as he touched the iron fencing around the water
cooler, he got severe electric shock and fell down un-conscious.
A lady passing nearby saw him and informed his parents immediately.
Since it was a rainy day, the parents thought that due to rain,
the child had suffered electric shock. They immediately took him
to Govt. Medical College and Hospital, Sector 32, Chandigarh,
but he was declared “brought dead” by the doctor.
BACKGROUND OF THE VICTIM AND HIS FAMILY
Dharminder, son of Bikram, aged 8 years is the eldest son of
his parents. He left behind his two young sisters and two brothers,
besides his mother and father. He belongs to Scheduled Caste.
His father, Bikram is permanently disabled person. His left feet
was cut in his childhood. He hails from Bihar and is living below
poverty line. He runs a kabari shop in village Daria, U.T. Chandigarh.
Due to the tragedy in his family, he has suffered irreparable
loss due to untimely and sudden death of his elder son.
POLICE VERSION
On receipt of information about the incident, a police party
came from the Police Post Daria and a formal Daily Diary Report
No.10, dated 1.9.2002 was registered and after recording proceedings
under Section 174 Cr.P.C. the case has been closed.
FINDINGS
After inspecting the place of occurrence and meeting with different
persons related with the investigation, our organization has come
to the following findings:-
- The incident in which an innocent life of a 8 year old child
has been lost is not an accident, but due to criminal negligence
of the school authorities and the education department of the
Chandigarh Administration.
- There is no Chowkidar in the school and the school gate remains
open even after school hours. As per the head teacher of the
school, inspite of repeated written requests made by him, to
the District Education Officer, U.T. Chandigarh for filing the
vacancy of sweeper and chowkidar in the school, nothing has
been done so far.
- There is no “DANGER” declaration on the water
cooler or its iron fencing. The electric switch of the water
cooler is installed at a place which can be accessed by even
the children. The electric switch of the water cooler is neither
earthed nor regularly switched off or checked to prevent the
electric current to come on the body of the cooler.
- The victim got electrocuted and died in the school premises
where he was a student, therefore, he was used to fetch cold
water from the water cooler since he was living below poverty
line.
- Since most of the students studying in the school belong to
scheduled caste or scheduled tribe, it has resulted in breach
of Sections 3 and 4 of the S.C./S.T (Prevention of atrocities)
Act,1989;
- Since the act of the school authorities has resulted in the
unnatural death of the deceased, therefore, a criminal case
under Section 299 and 304-A of Indian Penal Code should be registered
against the school authorities and they should be tried and
punished for the said offences.
RECOMMENDATIONS
- The next of kin of the deceased should be given ex-gratia
compensation to the tune of minimum Rs.1 lac by the Education
Department of Chandigarh Administration;
- A high level committee of officials from education department
and non-governmental organization connected with education field
should be constituted who should periodically visit all the
Primary and other schools in the city and ensure that a “DANGER”
warning is displayed on all the electric appliances like water
cooler or electricity switches or plugs and they are so installed
that it may not be easily accessible to the students and all
the electric wirings are done with earthing in the electric
appliances.
CONSOLATION
Our organization expresses its heart felt condolences to the
bereaved family and assure them of every help. Our organization
has offered them free legal aid to file a petition in the Hon’ble
High Court of Punjab & Haryana at Chandigarh to seek an interim
compensation for the irreparable loss as well as for certain directions
to prevent the reoccurrence of such accidents.
ACTION TAKEN BY LHRI
Our organisation sent the copies of the above report to the Education
Secretary, Chandigarh and other concerned authorities. Free legal
aid has also been provided to the parents of the deceased child
and a Public Interest Litigation has been filed by our organisation
alongwith the father of the deceased in the Punjab & Haryana
High Court and notice of motion has been issued in the case.
HOW WE FOUND THE TRUTH BEHIND THE
ALLEGED ‘RAPE’ OF A SHIMLA GIRL IN CHANDIGARH
ACT I
While the people were preparing for the 52nd Independence day
on August 14, 2002, few persons in association with some police
officers in Chandigarh were implementing a well designed plan
to frame-up a city businessman, Mr.M.K.Jain in a rape case with
malafide intention. The sequence of events as studied by our organization
to have been planned by the ‘mastermind’ and put into
reality by the ‘actors’ is horrendous. Their alleged
modus operandi was equally shocking.
ACT II
On August 14, 2002 at about 10.30 P.M.- 10.45 P.M. a girl was
said to be seen by two passers by while being thrown on the internal
road of Sector 33, Chandigarh in an unconscious state. They immediately
called the mobile Police Control Room and the girl was taken to
General Hospital, Sector 16, Chandigarh and the two car borne
informants were let-off after noting their addresses. These two
persons are Surinder Sharma, a resident of village Burail, U.T.
Chandigarh having a number of criminal cases of fraud, cheating
registered against him in Chandigarh. The other person, Mr.Baldev
Kumar is a resident of Dadu Majra Colony, U.T. Chandigarh and
is said to be a partner of Surinder Sharma. Both are engaged in
the business of supplying construction material.
The girl was admitted to the Emergency ward of the General Hospital,
Sector 16, Chandigarh where she regained consciousness on August,15,
2002 at about 12 p.m. Her statement was recorded by the police
and she alleged that she had been raped by Mr.M.K.Jain, Proprietor
of CDAC, a computer institute in Sector 20-D, Chandigarh. According
to her she went to the office of Mr.M.K.Jain in Sector 20-D,Chandigarh
for joining a Computer Course at about 4.30 P.M.-4.45 P.M. on
August 14, 2002. After talking about 10-15 minutes, she alleged
that she expressed her desire to work part time while doing computer
course and Mr.M.K.Jain said that he has an office in Panchkula
where there is a vacancy of a receptionist and he can show him
the office and if she wish to join there, she can join any time.
She alleged that Mr.M.K.Jain in his mid-fifties took her along
in his Lancer Car bearing Registration No. CH-03-E-0125 towards
Panchkula. In the meantime, he offered her a cold drink and after
consuming the drink, she became unconscious and thereafter, Mr.M.K.Jain
raped her and threw her in Sector 33, Chandigarh. According to
her, at that time, she was having a visiting card of Mr. M.K.Jain
in her hand which the police had recovered.
On her statement, the Chandigarh Police registered an F.I.R.
under Sections 328/376 IPC against Mr.M.K.Jain on August 15, 2002
and launched a manhunt against Mr.M.K.Jain. Mr.M.K.Jain apprehending
his arrest in the case, fled from his house and is still absconding
from the law. His anticipatory bail application has been dismissed
by the Punjab & Haryana High Court.
ACT III
Our organization came to know of the incident through newspaper
reports appearing on August 16, 2002 that the victim-girl is admitted
in General Hospital, Sector 16, Chandigarh and no legal aid is
being provided to her. A team of lawyers was constituted by our
President which included Ms.Veena Sharma, Mr.Arunjeev Singh Walia,
Mr. O.P.Dabla, Mr.Tejinder Singh Sudan and Mr.Manpreet Singh Chahal
to investigate the whole case and help the victim in best possible
manner. In the meantime, a person claiming himself to be a social
worker of Chandigarh contacted one of the team members on August
19, 2002, with the request to help the relatives of the victim
girl in meeting her in the hospital. Our team first met the sister
of the alleged ‘victim’ and on her request accompanied
her to the General Hospital, Sector 16, Chandigarh. She was being
kept in a closed room where four-five lady constables and one
male constable of Chandigarh Police were guarding him all the
time. When asked as to who has detained her, neither the police
constables admitted that they have detained her nor the doctors
on duty acknowledged her detention in the hospital. When asked
from the alleged ‘victim’, she expressed her desire
to leave the hospital and go alongwith her sister. We brought
the girl out of the hospital, amid protest from the police constables
as well as the doctors in the hospital. She then came to our office
in District Courts, Sector 17, Chandigarh in the evening and after
recording her detailed statement, she was taken to the residence
of our President, Sh.Amar Singh Chahal in Sector 8-A, Chandigarh
where she addressed a Press Conference informing that she will
file a Petition in the High Court and demand a CBI probe into
the whole incident. Our organization offered her free legal aid
considering her to be a rape victim. The alleged victim and her
sister were left without a shelter because the person said to
be a social worker failed to take them to a safer place in the
night and our President provided them with a comfortable stay
for the night in his house on humanitarian ground. The next day,i.e.August
21,2002, Mr.Navkiran Singh, General Secretary of our organization
filed a Criminal Misclaneous Petition on behalf of the alleged
victim in the Punjab & Haryana High Court and sought CBI probe
into the whole incident. The High Court issued notice to the Union
Territory for August 24, 2002.
ACT IV
The same day, i.e on August 21, 2002, two persons, namely Mr.Surinder
Sharma and Mr. Baldev Kumar claiming themselves to be the ‘informers’
of the incident of the alleged “victim” being thrown
from a car in Sector 33, Chandigarh, came to our office and sought
our help. They were questioned by the team and during the questioning,
Mr.Surinder Sharma told us that he had been tortured by Inspector
Jagbir Singh and Inspector Satbir in CIA Staff, Sector 11, Chandigarh
on the night of August 19, 2002 and that he apprehend that he
may be again picked up and tortured by them. He told that he had
been got released from the CIA staff, at about 12 a.m. on August
20,2002 on the assurance of one Ram Lal that Surinder Sharma would
be produced again to the police station the next day at 10 a.m.
The sequence of events disclosed by Mr.Surinder Sharma and Mr.Baldev
Kumar to our team and also to the media persons during a press
conference in the District Courts, Sector 17, Chandigarh on August
21,2002 raised suspicion on their integrity. But since Mr.Surinder
Sharma, apprehended his torture at the hands of Chandigarh Police,
our organization decided to file a Petition on his behalf in the
High Court seeking protection against police torture to Mr.Surinder
Sharma and Mr.Baldev Kumar. The High Court issued notice to the
U.T. Chandigarh on the said petition for 26.9.2002. In the meantime,
the media started exerted pressure on the Chandigarh Police to
show results. But due to various reasons, the police could not
get the required lead in the case, inspite of the fact that both
the alleged “victim” and Mr.Surinder Sharma and Mr.Baldev
Kumar were available for investigation.
ACT V
Our team faced with conflicting statements of the alleged “victim”
and the alleged witnesses, held detailed deliberations and decided
to cross check each and every ‘fact’where doubt arises.
In the first instance, we checked the statement of the alleged
“victim” in which she had stated that she went to
the computer institute of Mr.M.K.Jain whose name was CDCC and
she directly went to the cabin of Mr.M.K.Jain although a receptionist
was sitting at the entrance of the institute in first floor of
the SCO in Sector 20-D, Chandigarh. We visited the computer institute
of Mr.M.K.Jain in Sector 20-D, Chandigarh and found that its name
was CDAC and not CDCC. We also saw that there is one guard at
the entrance of the institute and he refer everybody to the receptionist
who guide the person to locate the person to whom one wants to
meet. There are many cabins in the said institute and a person
coming to the institute for the first time cannot easily find
the cabin of Mr.M.K.Jain without being guided by somebody. Thirdly,
the place where the alleged “victim” was allegedly
thrown from the car by Mr.M.K.Jain on the night of August 14,
2002 is just opposite to the computer institute of Mr.M.K.Jain
and the distance between the two places is not more than 200 meters.
All these circumstances coupled with the contradictions in the
statements of the alleged “victim” and alleged “witnesses”
raised suspicion on the credibility of the alleged “victim”.
After going through all the material information and seeing the
conduct of the alleged “victim” we came to the conclusion
that the normal behavior of the alleged “victim” and
all the above discussed circumstances brings her conduct doubtful.
In order to check the correctness of the statement of Mr.Surinder
Sharma, we first went to the IBP Petrol Pump, Sector 33, Chandigarh
to check as to whether the claim of Mr.Sharma that he got petrol
filled in his car from the IBP petrol pump in Sector 33, Chandigarh
on August 14, 2002 at about 10.30 p.m. and then went towards Sector
33, Chandigarh for going towards his house in village Burail,
U.T.Chandigarh is correct or not. On verification from the Petrol
Pump, we found that the registration number, make and time of
all the vehicles entering into the IBP petrol pump in sector 33,
Chandigarh after 9 P.M. are entered in a register maintained by
the chowkidar of the Petrol Pump. On the relevant date and time,
there was no such entry showing that the registration number of
the car of Mr. Sharma having entered the Petrol Pump on August
14, 2002 at 10.30 p.m. After finding this statement to be a bare
lie, we went to the spot where Mr.Sharma claimed that he saw the
alleged victim being thrown on the road by the car of Mr.M.K.Jain.
The spot where the alleged victim was allegedly thrown is not
an isolated place and just near this spot there is a makeshift
store house of telephone cable wires where a number of labourers
sleep in the open space nearby and nobody witnessed or heard of
any such incident of throwing of a girl in an unconscious state.
Thereafter, we went to the chowk of Sector 33-34, Chandigarh where
Mr.Sharma claimed that he chased the car of Mr.M.K.Jain. Here
we found that on the return journey towards the place where the
alleged victim was thrown, there are few shops and if a person
is to call the police from a pay phone, the market in Sector 33,
Chandigarh could be the nearest place, which was not used by Mr.Sharma.
As per Mr.Surinder Sharma, he went to the market of Sector 33,
Chandigarh near Fountain park in Sector 33, Chandigarh at about
10.50 p.m. and informed the PCR at 100 through a pay phone in
the market at a far off place, although he had a mobile phone
with him at that time. We went to the said pay phone shop and
enquired about Mr.Sharma and his claim of making a call to PCR
at 100. The chemist in whose shop the pay phone is installed admitted
that Mr.Sharma did use his phone to call 100.But he also disclosed
that Mr.Sharma and Mr.Baldev Kumar are a regular visitor to their
market and are seen with suspicion by the police and the shopkeepers.
He also disclosed that on August 14, 2002, Mr.Surinder Sharma
alongwith Mr.Baldev Kumar and two girls had come to the market
in his car at about 2 p.m. and demanded some drug from the chemist
which if mixed with some liquid or food makes the consumer, unconscious,
but the chemist refused to give any such drug to Mr.Sharma. Thereafter
Mr.Sharma left the place in his car. This fact confirmed the doubt
of our team members that Mr.Surinder Sharma and Mr.Baldev Kumar
are important actors in the whole frame-up. We also noticed that
due to the involvement of some Inspectors of Chandigarh Police,
this case is being un-necessarily delayed in order to help the
mastermind and other actors to save themselves from the bound
of law. After the thorough investigation, our team was confronted
with the following questions for which we thought to find the
answers and the answer to all those questions was an independent
investigation by CBI.
ACT VI
After going through the statements of all the witnesses examined
by the team and cross-checking it and examining the attending
circumstances during a week long investigation, our team released
its investigation report on August 25, 2002.
On August 26, 2002 all the leading newspapers of the region carried
our investigation report and our findings. In the aftermath, our
the General Secretary of our organization, Mr.Navkiran Singh,
decided not to represent the alleged “victim” in the
High Court when the petition filed by the alleged “victim”
was listed. He accordingly informed the High Court that since
the investigation of our organization has held the conduct of
the alleged “victim” to be doubtful, therefore, he
is withdrawing from the case. Till that time, the plea of Chandigarh
Police was that Mr.M.K.Jain, who is the main accused will be soon
arrested. The High Court then dismissed the Petition of the alleged
victim seeking CBI probe into the alleged rape.
Our investigation report was released on August 25, 2002, holding
therein that the case may be a frame-up and in order to bring
out the truth in the present case, the investigation should be
done with diligence and impartiality which is lacking with the
Chandigarh Police and it should be handed over to an independent
agency like the Central Bureau of Investigation After reading
our investigation report, the Chandigarh Police probably changed
its direction of investigation and started investigating in the
direction our organization had given the lead. From this point
of time, the police also worked on our finding that the alleged
‘rape’ case could be a frame-up in order to implicate
Mr.M.K.Jain. We feel that if our organization with its limited
authority and resources have been able to un-earth most of the
story behind the frame-up within a week, why the Chandigarh Police
couldn’t do that even after a month of the incident ?
Now that the case has already given a bad name to the Chandigarh
Police as one head constable Nirveer Singh and two of its Inspectors,
namely Mr.Mani Ram, SHO P.S.South and Mr.Prem Singh Malik, have
been found directly involved in the whole frame-up, the Chandigarh
Administration declined to trust the investigation of the Chandigarh
Police anymore and ordered that the case be entrusted to the Central
Bureau of Investigation. We feel that this decision of the Chandigarh
Administration has vindicated our findings that truth cannot be
brought out in the case unless the investigation is withdrawn
from Chandigarh Police and handed over to the CBI. We appreciate
the decision of the Chandigarh Administration and assure that
our organization would provide each and every assistance and evidence
available with it to the CBI in connection with the investigation
of the case.
HIGH COURT AWARDS RS.1,00,000
TO VICTIMS FATHER
CHANDIGARH
January 22, 2003
Allowing a Public Interest Litigation filed by Lawyers For Human
Rights International, the High Court today directed the Chandigarh
Administration to pay an ex-gratia compensation of Rupees One
lac to the father of an eight year old child who had died due
to electrocution in the government primary school in village Makhanmajra,
U.T. Chandigarh.
Lawyers For Human Rights International,through its Chandigarh
Unit President,Tejinder Singh Sudan alongwith Vikram, father of
Dharminder, an eight years old student of government primary school,
Makhanmajra,U.T.Chandigarh, had alleged that the eldest son of
Vikram who was studying in class II died on September 1, 2002
due to electrocution when he touched the water cooler installed
in the school premises. A team of the rights organisation held
investigations and found that the death of the child was due to
the criminal negligence of the school authorities. They provided
free legal aid to the father of the victim and filed a Public
Interest Litigation on his behalf and sought directions to the
Union Territory of Chandigarh, States of Punjab and Haryana to
set up committees to ensure that all the safeguards against electric
shock in the school premises are maintained, besides seeking the
ex-gratia compensation of Rs.1 lac for the father of the deceased
child.
In reply, the administration while admitted that the child died
due to electrocution in the school premises, denied their liability
to pay compensation. The counsel for the administration submitted
that there was no chowkidar in the school premises and it was
Sunday, therefore, the child had tresspassed into the school building
without permission and it being a rainy day, the water cooler
became defective and the child got electrocuted resulting in his
death.
The counsel for the Petitioners, Arunjeev Singh Walia stated
that had the school authorities acted diligently and switched
off the water cooler before closing the school and keeping the
switch board beyond the reach of children, the valuable life of
the deceased could have been saved. After hearing the counsels,
the division bench comprising Chief Justice B.K.Roy and Mr.Justice
V.K.Bali held that the right to have a meaningful life has been
guaranteed under the Constitution of India and the right to life
is the most sacred among the fundamental rights guaranteed under
the Constitution. By the act of the respondents, a valuable human
life has been lost which has caused irreparable loss to his family.
Keeping in view the admission of the counsel for the administration
that the child died in the school premises due to electrocution
from a water cooler installed in the school premises, the court
ordered the administration to pay a sum of Rs.1 lac to the father
of the deceased within a period of three months. Besides this,
the court observed that it is expected that the states of Punjab
and Haryana would take necessary steps to safeguard the students
from electric shocks from electrical appliances in the government
schools.
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