GOPAL CH SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The issue involved in these proceedings are relatable to custodial death. Since the issues are of similar nature both the petitions were set down for hearing analogously.

(2.) Civil Rule No. 3809/94 pertains to the death of Thaneswar Sarmah, a young man of 24 years who at the relevant time was studying in Nagaon College, Nagaon. In the writ petition it was alleged, inter alia, that at about 3.00 PM on 6.8.94 some Police personnel and members of paramilitary forces of Morigaon district alongwith some youths surrounded the residence of Late Jogeswar Sarmah at Village Boghera in the district of Morigaon, the father of the petitioner, and took up Thaneswar Sarmah into their custody in presence of the members of the family. The members of the family of Thaneswar Sarmah was informed by the Morigaon Police on 7.8.94 that Thaneswar Sarmah died in an encounter with the security personnel at Village Mayengia under Mikirbheta Police Station. Petitioner further contended that Police did not hand over the deadbody to the members of the family and he was cremated near Morigaon Civil Hospital under strict supervision of Morigaon Police and Civil Administration on 7.8.94. The petitioner, therefore, knocked the door of this Court praying for writ or directions for a judicial enquiry and/or any other appropriate writ or direction for giving full and adequate relief to the members of the family.

(3.) This Court by order dated 21.9.94 ordered the District Judge, Morigaon to conduct an enquiry after issuing notice to all the persons. The District Judge, Morigaon conducted an enquiry in presence of the parties. The respondents, namely, the State of Assam, the Union of India, the Deputy Commissioner, Morigaon and others resisted the claim of the petitioner. According to the respondents Thaneswar Sarmah died in an encounter with Police at Mayengia Village on 6.8.94. According to the respondents the deceased Thaneswar Sarmah was a member of the extremist organisation and died in an encounter with the Police at Village-Mayengia. During the enquiry before the District Judge eleven witnesses were examined, seven on behalf of the petitioner and four on behalf of the respondents. The learned District Judge, Morigaon on the pleadings of the respective parties framed the following issues:- 1) Whether Thaneswar Sarmah was tortured and gunned down by Police and security personnel resulting his untimely death ? 2) If not, whether Thaneswar Sarmah died in an encounter with Police at Mayengia village on August 6,1994 as he was an active member of the extremist organisation ?