UPENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner seeking writ in the nature of mandamus commanding the respondents to make a high level inquiry into the cause of death of Rifleman Rajesh Singh by any Central Agency like Central Bureau of Investigation.

(2.) Briefly put, facts of the case are that the son of petitioner namely Rajesh Singh got recruited in the Indian Army and after completion of training he joined his duties as a Rifleman in 4th Garhwal Rifles. He moved along with the 4th Garhwal Rifles to Jammu and Kashmir. On 23/6/2013, Rajesh Singh was on patrol duty under the command/leadership of Captain Saket Mahendra in Jalandhar Company area. On specific intelligence inputs of infiltration attempts by terrorists, while carrying out search in dense forest at around 08:45 A.M., Rifleman Rejesh Singh is said to have been bitten by an unknown reptile. He was given first aid and immediately shifted to Jalandhar Post where he was administered medical aid. Thereafter Rifleman Rajesh Singh was evacuated to 92 Base Hospital by helicopter where he was declared dead at 08:05 P.M. on 23/6/2013.

(3.) An enquiry was set up on 24/6/2013 to investigate into the circumstances leading to the death of Rifleman Rajesh Singh on 23/6/2013. During the course of inquiry statements of Major Sandeep Singh, Captain Saket Mahendra, Captain Pawan Kumar, Subedar Karan Singh and Nursing Assistant Sahadevan T. were recorded. The conclusion of court of inquiry dtd. 20/6/2013 was that the death of Rifleman Rajesh Singh was probably caused by snakebite and the death having been attributable to military service should be classified as Battle casualty. In the court of inquiry report it is also mentioned that postmortem was carried out at Civil Hospital, Srinagar. The Army authorities intimated the petitioner that his son got killed in an encounter with infiltrators on the border. When the dead body of Rifleman Rajesh Singh was flown to his native village on 27/6/2013 and handed over to his family members for cremation, he was cremated with full Army honours.