Effect given to the recommendations of the committee and the Governing Body - Report No 327, March 2002

Case No 1854 (India) - Complaint date: 02-OCT-95 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 67. The Committee last examined this case at its June 1999 meeting [see 316th Report, paras. 3?65]. On this occasion the Committee had recalled that this case concerned the murder of Ms. Ahilya Devi, a trade unionist who was allegedly organizing rural workers in the State of Bihar on 23 August 1995 and that the Government had indicated that on the basis of the investigation Ms. Devi was murdered on account of her activities related to smuggling which had led to antagonism with other persons also involved in smuggling. The Committee had requested the Government to supply copies in an ILO working language of the judgement to be handed down in relation to this murder that occurred in 1995 at an early date.
2. 68. In communications dated 29 May and 9 November 2001, the Government states that Case No. 170/95 regarding the murder of Ahilya Devi has been pending before the court of Chief Judicial Magistrate Kishanganj of the Government of Bihar. The Government indicates that out of the seven accused, one has been declared dead (Mr. Dinesh Mandal) and two are absconding (Mr. Munna Punjabi and Mr. Shravan Giri). The Government indicates that the Chief Judicial Magistrate issued orders on 1 October 2001, following a petition motioned by the Public Prosecutor, to proceed with the hearing of the case in the District Session Court, Purnea, in respect of the accused parties who were present for trial. Furthermore, the Government indicates that it is waiting for an implementation report by the Home Commissioner of the Government of Bihar, who has been requested to execute an earlier court order regarding the attachment of property and the arrest of the two absconding parties.
3. 69. The Committee recalls the seriousness of this case of the murder of a trade unionist and expresses its deep concern regarding the excessive delay in court proceedings which amount to a denial of justice. The Committee takes note of this information and requests the Government to keep it informed of the outcome of the criminal proceedings initiated against the accused parties present for trial (Mr. Bhirigunath Gupta, Mr. Rattan Ghosh, Mr. Papan Chaki and Mr. Narsingh Singh), and of developments regarding the arrest of the two absconding parties.