ANGURI Vs. STATE

JUDGEMENT

(1.) Alleging custodial death of her late husband- Havildar Ram Swaroop, this petition under Article 226 of the Constitution of India, 1950 (in short, the Constitution) has been filed with the following prayers :

(2.) The background, according to petitioner, in which the petition has been if filed is as follows:

(3.) Respondents, per contra, have taken the stand that Hav Ram Swaroop and others were involved in espionage activities. Involvement of Ram Swaroop and other was clearly made out, as the fact of espionage activities emerged from interrogation/.investigation of charges against Captain R.S. Rathore, Major R.K. Midha and others operating from Sambha (J&K) and they were charged with passing vital military information to Pakistan Field Intelligence Unit. Action under the Army Act, 1950 and Army Rules, 1954 (in short the Act and Rules respectively) was taken and regular court martial was conducted. Investigation was undertaken to find out whether there was any truth about the allegation of torture or custodial death. Affidavit filed by Shri R.K. Midha was an act of self protection as he himself was charged with espionage activities In any event. General Officer Commanding- in-chief, Western Command, after due investigation came to hold on 24.9.1980 that no one can be blamed for the death of Hav. Ram Swaroop. This opinion was duly concurred by the Chief of Army Staff. Further the petition (1577/75) Ex. Cap R.S. Rathor vs UOI has been dismissed by the Apex Court. Even though an application was filed for review, the same was also dismissed. The following orders passed by the Apex Court are relevant:-