LEELA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is the widow of one Swapan Kumar Das, S.I of Police posted at Diglipur Police Station who unfortunately died during a raid conducted by the police to tackle the Burmese poachers. According to the writ petitioner, Swapan was murdered on 19th November, 1995 by the officials of the police force led by one Raghubir Singh, Deputy Superintendent of Police, involved in the raid. According to the police Swapan fell from the boat while the boat was approaching the port after arresting the Burmese poachers and died. The body of Swapan was brought with a drowning certificate issued by Dr. Naresh Lal. However, when the body was brought and handed over to the family members, injury mark was found causing suspension to the family members. According to the writ petitioner, Swapan was murdered by the officials of the police led by Shri Raghubir Singh who hatched a criminal conspiracy as the Swapan was hostile to them. It was further alleged that the said Raghubir Singh and the erring officials, in effect were helping those Burmese poachers for personal gains. There has been spate of litigation and ultimately the case was handed over to the CBI for investigation. The investigation is not complete even after six years.

(2.) The present writ petition has been filed by the petitioner, inter alia. on the following grounds:-

(3.) Mr. Haradhan Banerjee, learned counsel appearing for the writ petitioner, in support of his contention raised three issued: