Order
1. On 4-9-2008 (2009) 17 SCC 86, this Court had passed an order and expected that the State Government of Orissa would take all possible steps to control the violence that had been happening in the State of Orissa after the unfortunate killing of Swami Laxmanananda on 23-8-2008.
2. We are told by the counsel for the petitioner that even after the incident, it was alleged that about 906 houses had been destroyed and about 19 churches have been partly damaged/burnt and 21 persons have been killed, including two policemen, and some incidents of rape have also occurred.
3. In the additional affidavit the petitioner has alleged that large number of persons are in the relief camps. He further contended that the workers of the non-governmental organisations are not being allowed to meet the persons in the relief camps or to render help to them. The petitioner is also aggrieved by the stand taken by the State in not giving any compensation to the churches which had been destroyed/damaged by miscreants. As regards one victim who had been allegedly raped, the petitioner wants that the investigation should be handed over to CBI.
4. Heard learned Senior Counsel appearing for the petitioner, the State and learned Additional Solicitor General for the Union of India. The Principal Secretary, Home Department of the State of Orissa has filed a detailed additional affidavit dated 17-10-2008 wherein it was stated that enough policemen had been deployed in the area and the learned Senior Counsel for the State highlighted all the details that were given in the counter-affidavit. It is also stated by the learned counsel that, apart from these police forces, there are also additional police and paramilitary personnel sent by the Government of India who were allowed to be in the State, be allowed to continue at least till the end of December 2008 i.e till the festival season is over.
5. As regards the alleged rape, it is stated that nine accused have so far been arrested by the police and the victim is not cooperating with the police for having the test identification parade. The petitioner further stated that after the incident, the victim sought help of the police. According to her, while she was near the police personnel, she was taken away and paraded in the streets half-naked. It is also stated by the petitioner that the victim is completely under a traumatised situation and in view of the helpless situation, she has no faith in the State police and she prays that a further investigation be done by CBI. As the accused have already been arrested, we do not think that at this stage, the further investigation should be handed over to CBI. In the interest of victim and all others, we wish that the victim would cooperate with the State police for the further investigation of the case.
6. The learned Senior Counsel appearing for the State submitted that the relief camps are working well and all such details have been stated in the affidavit filed by the Home Secretary. We make it clear that any member of an NGO can associate in the committee coordinating the relief work in the relief camps. Sufficient security also be provided by the State in the relief camps.
7. The State is also agreed to give compensation to the victims. It is stated in the affidavit of the State that Rs. 50,000 is being given for the fully damaged house, Rs. 25,000 for partly damaged house and Rs. 2 lakh each is being given to the damaged public institutions like schools, hospitals, etc. and Rs. 2 lakh each from the Chief Minister's Relief Fund to each of the families of the persons killed in the violence.
8. The petitioner has prayed that the churches which are being destroyed or partly damaged should also be given the financial assistance.
9. The learned counsel appearing for the State submitted that the State has taken a policy that religious or worship place of any religion is not being given any financial assistance though several institutions working under these religion are being given.
10. We are told by the counsel for the petitioner that approximately 16 churches have been fully or partly damaged. As regards the damaged churches also the State can have a generous attitude on the matter and assess the damage of those churches or other religious places and render reasonable help to rebuild the same. We hope that the State would create an atmosphere where there shall be complete harmony between the groups of people and the State shall endeavour to have discussions with the various groups and bring about peace and do all possible help to the victims. The existing battalions/police force sent by the Government of India would continue till the end of December 2008.
11. The State has also submitted that Fast Track Courts are established to clear the cases arising out of these incidents. Post in the first week of January, 2009.
Court Masters