DWARIKA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this Writ Application, the Petitioner prays for a direction upon the Respondents to pay compensation to him and to provide appointment to the dependent of deceased Rajnish Prasad @ Dablu who died in a bomb explosion. The Petitioner is the father of deceased Rajnish Prasad @ Dablu.

(2.) The Petitioner has stated that on 7-12-2001 Dablu died in a bomb blast in the house of one Bramhdeo Sharma and this incident occurred on account of police negligence who had directed the deceased to open a parcel containing a live bomb. It has further been stated that on the fateful day, one Bramhdeo Sharma informed the police that he had received a parcel which was delivered by a postman. Considering the size of the parcel he kept the same at the back of the house on a wooden log and tried to remove the cover. He found a lunch box inside the parcel and the corners were sealed with leukoplast. He became suspicious. Thereafter, he informed the police and a wireless message was sent by the Daltonganj Police Station to the patrolling party. Thereafter, the said patrolling party consisting of other police personnel including the Police Inspector reached the house of Bramhdeo Sharma. The Petitioner has then stated that the Inspector of Police called the son of the Petitioner namely Rajnish from his STD Booth which was situated adjacent to the house of Bramhdeo Sharma and asked him to open the lunch box. The said Rajnish Prasad, under orders of the police, opened the lunch box and no sooner had he done so that there was a spontaneous explosion. Rajnish died on the spot and even some of the police officers including the Chowkidar were also injured. In support of the aforesaid contentions, the Petitioner has annexed a newspaper clipping which has been marked Annexure 1.

(3.) The Petitioner has further stated that the incident took place due to utter negligence on part of the police and that instead of forcing the Petitioners son to open the parcel and the lunch box, they should have summoned explosive experts for diffusing the live bomb. But instead of doing so, they called the Petitioners son who was the owner of the STD booth and who used to earn about Rs. 5,000/- per month. It has further been stated that his family consisted of his father (Petitioner), mother and two brothers. It has also been stated that none of the family members had any other source of income expect the pension .which the Petitioner earned after retirement from a Class IV post.