SUDIP MAZUMDAR
A
v.
STATE OF MADHYA PRADESH
JULY 15, 1996
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.]
B
Constitution of India, 1950: Article 21.
Human Rights-Right to life-Test firing range near ltarsi in Madhya
Prades!z-Test filing practices-Tlibals going to collect firewood etc.-Becom-
C
ing victims of fi1ing and several sustaining injuiies-W!it petition for protection
of lives of Tiibals-Recommendations of high level Govemment Commit-
tee-Acceptance of-Directions by Supreme Cowt-Compliance with-Dis-
posal of matter in view of report of full compliance of directions issued.
CRIMINAL ORIGINAL JURISDICTION : Writ Petition (CRL) D
No. 1420A of 1982.
(Under Article 32 of the Constitution of India.)
K.T.S. Tulsi, Additional Solicitor General, (Rajeev Dhavan) for In-
tervenors, Ranjit Kumar, A. Subba Rao, Anil Katiyar, Uma Nath Singh,
E.C. Vidya Sagar, Ms. A. Subhashini, L.R. Singh, Pramod Kumar and Ms.
Vimla Sinha for the appearing parties.
The following Order of the Court was delivered :
The departed soul of Shri Govind Mukhoty would feel satisfied for
the result as he had done yeomen's service to protect the precious lives of
E
F
the tribals who used to go to collect firewood etc. but became victims of
firing in the range. He devoted his life and was an ardent champion of
human rights of underprivileged and one of the cases which he had left
over unfinished, is this case which we are now disposing of partly. In this G
case, on account of test firing practices being organised at a test firing
range near ltarasi in Madhya Pradesh, several of the tribals are becoming
victims of the firing and some of them succumb to the injuries and several
sustain grievous injuries. That resulted in filing this writ petition. This
Court, by order dated March 13, 1994 )Jy a Constitution Bench, had H
575 .•·
576
SUPREME COURT REPORTS Jl996JSUPP. 3S.C.R.
A accepted the recommendations made by High-level Committee of the
Go'Vernment constituted pursuant to an order passed by this .. Court. The
recommendations, as accepted by this Court, are as under :
B
c
D
E
F
"(i) The substitute plans of erecting barbed wire fencing around
the four target areas have been worked out and is as per sketch
P., Q. and Ql.
(ii) DSC personnel will be deplayed to patrol the target areas
to prevent unauthorised entry by metal pickets into the target area
and to protect the barbed wire.
(iii) Watch towers will be constructed around the fencing to
provide effective field of observations to the DSC guards to carry
out duties at (b) above.
(iv) Approach roads to the target areas will be constructed for
easy access.
(v) Additional transport will be provided to CPE Jtarsi to ferry
DSC troops to and fro target areas and to convey food and other
essential requirements to them while on duty."
This Court gave the direction as under :
· "We direct the Government to accord sanction in terms of its
own prayer in Criminal Misc. Petition No. 1360/94 immediately so
as to allow the tender process to be completed and the work to
commence within 3 months from today. The actual physical execu-
tion of the work for which 24 months' time is indicated in the
aforesaid Note, shall be reduced to and completed in a period of
18 months."
For compliance thereof, the matter was adjourned from time to time
G and ultimately time was extended by order dated January 12, 1996 to
submit full compliance report. Today, an affidavit has been filed by
Brigadier Kuppuswami Ramani who is in-charge of Central Proof Estab-
lishment, Itarasi. As per the report, full compliance of the
directions
issued by .this Court has been made. We accept the report and close the
H matter on implementation part.
SUDIP MAZUMDAR v. STATE
577
The writ petition is accordingly disposed of partly. The prnceedings A
in this writ petition are accordingly closed. On maintainability, reference
is awaiting the decision of the Constitution Bench.
T.N.A.
Petition disposed of partly.
Lex