PARVESH RANI Vs. UOI

JUDGEMENT

(1.) Enrolled as a Constable with Border Security Force, deceased Chandervir was attached with E Coy of the 18th Bn. which in the year 2004 was deployed at Border Out Post Tarakpur, North Tripura.

(2.) On September 24, 2004, Chandervir was on operational duty at the Out Post and thus was issued a Self Loading Rifle and a magazine containing 50 bullets. He was to patrol the Line of Control assigned to him at the Border Out Post. Ct. Sube Singh and Ct. B. N. Hazara were the two other colleagues of Chandervir who were on duty at the Border Out Post. As per practice, the three had to individually and separately patrol different segments of the border which were assigned to them. At around 12:05 PM, when the duty time was over and as Ct. Sube Singh and Ct. B. N. Hazara were on the way back to the company headquarters, there was a sound of gun fire and a civilian named Girija Kumar Das rushed to the place from where the sound of gun fire was heard and saw Chandervir lying injured on the ground with his Self Loading Rifle lying at a distance of about 2 2_1/2 feet. Girija Kumar rushed to the town nearby to arrange a rescue vehicle and before he could return SI Sahay Sanga and HC T. T. Joseph reached the spot and in the jeep brought by Girija Kumar removed Chandervir to a government dispensary at Kadamtala where after administering first aid to Chandervir he was taken to the Sub-Divisional Hospital at Dharamnagar.

(3.) In the meanwhile, Dr. S. K. Mishra, Chief Medical Officer attached with the 18th Bn. , accompanied by ASI/PH Surender But reached the hospital at Dharmanagar where the doctor treating Chandervir informed them that Chandervir?s condition was critical and it was immediately necessary to evacuate him to a full-fledged hospital where necessary medical facilities were available inasmuch as the Sub-Divisional Hospital was not equipped to deal with such emergencies and thus arrangements were made by requisitioning a helicopter to shift Chandervir to Silchar Medical College and for which Chandervir was removed from the hospital in an ambulance to the nearby helipad. Unfortunately, due to inclement weather the rescue helicopter could not land and hence returned to its base. Chandervir was taken back to the SubDivisional Hospital where he expired at around 08:40 PM the same day i. e. after about 8 hours and 35 minutes of the incident in which he got injured.