BAITI SANGMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS instant Writ Petition is praying for a direction to the respondents to pay adequate compensation to the petitioner.

(2.) THE petitioner's case in nut shell is that, "the writ petitioner eldest son (L) Mithun A. Marak was shot dead by B.S.F. personnel near the Khasimara River near the village of the petitioner. The petitioner and his deceased son were among the people who gathered at the place of occurrence following commotion and the shrieking of two girls of the village who were being attempted to molest/rape. The petitioner was severely beaten up by the BSF personnel and thereafter the jawans started indiscriminate firing in which the deceased was shot dead at the spot. The death has caused severe grievances to the petitioner and other remaining kit and kin of the deceased victim and an irreparable loss to the family. Meanwhile, the enquiry of the shouting incident is under a stay order at the instance of the B.S.F. in Crl. Rev. No. 35 (SH) 2007. Under these facts and circumstances, it is urged that the petitioner and the other remaining members of the family ought to be compensated, hence, this application".

(3.) ON the other hand, Mr. SC Shyam, the learned senior counsel appeared for on behalf of the respondents fairly submitted that, it is not disputed that the victim died due to firing by the BSF personnel.