SMT. KEMPURANG TRIPURA AND ORS. Vs. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA AND ORS.

JUDGEMENT

(1.) BY filing this writ petition, the petitioners being the legal representatives of Late Raj Mohan Tripura, (petitioner No. 1 being the wife and petitioner Nos. 2 to 6 being the sons and daughters) sought for monetary compensation of Rs. 5,00,000/ - (Rupees five lakh) by way of public law remedy for the death of Rajmohan Tripura, while he was in judicial custody. Heard learned Sr. counsel, Mr. S. Deb for the petitioners and learned Addl. G.A., Mr. S. Chakraborty for the respondent Nos. 2 and 4. None appeared for the respondent Nos. 1 and 3.

(2.) THE petitioners, inter alia, contended that late Rajmohan Tripura was a misguided youth and joined unlawful extremist's organization and took arms with a view to waging war against the State. Respondent No. 1 made and announced various schemes calling upon the outlawed insurgents group to surrender and late Rajmohan Tripura was also influenced with such schemes announced by the respondent No. 1 and being persuaded by his relatives and well wishers, he also surrendered sometimes in the month of November/December, 2003 but after his surrender, no benefit so far announced by the respondent No. 3, in the scheme (Annexure -A to the writ petition) was provided to the said Rajmohan Tripura. He was rather detained in custody in the District Jail at Udaipur. He was with sound health and there was no sorts of illness and was aged 36 years at the relevant time. On 13th/14th September, 2003, the petitioner No. 1 was informed by the respondent No. 4 that her husband Rajmohan Tripura died and she was asked to remain present at the time of postmortem examination and that some of her relatives were present at the time of postmortem examination which was conducted over the dead body of Rajmohan Tripura. An unnatural death case under Section 174 of Cr.P.C. was registered by the O.C. of R.K. Pur P.S. on 13.09.2004 at 08:15 hours on a report submitted by one Dr. Madhusudhan Chatterjee of Tripura Sundari District Hospital, Udaipur and it was registered as UD Case No. 60 of 2004 under Section 174 of Cr.P.C. It is contended by the petitioners that Rajmohan Tripura had no sorts of ailments and that in the postmortem report the observation about the cause of death was kept reserved since the viscera examination report was not received by that time and regarding any injury, the finding in the postmortem report was contradictory and not convincing. Since Rajmohan Tripura was a surrendered extremists, he was supposed to get all the benefits as per the scheme formulated by respondent No. 3 (Annexure -1 to the writ petition) and since Rajmohan died while he was in judicial custody, the petitioners were entitled to get compensation of Rs. 5,00,000/ -.

(3.) RESPONDENT Nos. 1 and 3 also submitted a joint counter affidavit, inter alia, contenting that Rajmohan Tripura never surrendered through Assam Rifle and there was no question of payment of any compensation under the scheme as claimed.