VIRENDER SINGH,CJ. - (1.) A news item in the Daily Newspaper "Hindustan Times" in its Ranchi edition dated June 19, 2016 revealed that a Jharkhand Police Assistant Sub Inspector subjected inhuman torture on a minor girl for more than 10 hours at the Manika Police Station, Latehar. According to the parents of the girl, the minor lost consciousness soon after she was handed over to the parents, who were made to wait outside the police station all day while the ASI subjected her to inhuman torture. She was being questioned over the elopement of another girl from her native village Ranki -kala with a boy. The news item further reveals the parents to have quoted the girl as saying that she was beaten up all over and throttled by the police officer during interrogation. The parents have also alleged that neither they nor any woman constable was present during the interrogation. According to the news report, the parents rushed her to a hospital at Tumbagara in Palamu from where she was referred to the Rajendra Institute of Medical Sciences (RIMS) in Ranchi. From the news report it appears that the incidence is of Tuesday, i.e., 14 th June, 2016.
(2.) This Court suo moto taking cognizance of the above news item published in the Daily Newspaper registers the same for consideration of various issues involved and emanating from it as a Public Interest Litigation and following persons are being made as party respondents: - 1) The State of Jharkhand through the Chief Secretary, Jharkhand; 2) The Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Nepal House, Doranda, Ranchi. 3) The Director General of Police, Jharkhand, Ranchi; 4) The Dy. Commissioner, Latehar 5) The Superintendent of Police, Latehar;
(3.) In the present incidence, it appears that the minor girl was brought to the police station by the Assistant Sub Inspector of Police for interrogation as a witness in connection with elopement of another girl with a boy of the native village. In doing so, it appears that provisions of Section 160(1) Cr.P.C. have not been adhered to by the police personnel. Section 160(1) Cr.P.C. reads as under: - 160. Police Officer's Power to require attendance of witnesses. ­ (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required; Provided that no male person under the age of fifteen years or above the age of sixty -five years or a woman or a mentally or physically disable person shall be required to attend at any place other than the place in which such male person or woman resides. The Court is taking serious note that police in the State is not following the basic norms of investigation as provided under the Code of Criminal Procedure and this is one such glaring example where police has failed in its duty. The police officer concerned in the incidence on hand has not only violated the provisions of 160(1) Cr.P.C., but has also committed an offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. It reads as under: - 75. Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or willfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both; ..............." ;