SABITRI BRAHMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K.R. Patgiri, learned counsel for the petitioner, Mr. S.C. Keyal, the A.S.G.I, and Mr. R. Dhar, Addl. Sr. Govt. Advocate for the respondents.

(2.) The petitioner has projected that her husband, namely, Ratneswar Brahma was killed by the Army and, as such, prayer for constituting a judicial enquiry and for awarding monetary compensation of Rs.20.00 lakh has been made in this writ petition filed under Article 226 of the Constitution of India.

(3.) The case projected by the petitioner, in brief, is that her husband was doing book-store business for his livelihood. On 26.06.2015 at about 10.30 p.m. some army personnel belonging to 7 Sikh Light Infantry (Sikh LI for short) Regiment stationed at Panbari Camp had picked up the petitioner for no reason. As her husband did not return home even by the next morning, the petitioner made search, but could not get any information. However, on 28.06.2015, the petitioner was informed that her husband was admitted in Lower Assam Hospital, Bongaigaon in a serious condition, where he was declared dead at about 3.00 p.m. Thereafter, the petitioner with other villagers came to the police station and accordingly, Bijni P.S. Case No. 194/15 under Section 302/34 IPC was registered against Major Nitin, Captain Naresh and troops of 7 Sikh LI Regiment stationed at Panbari Camp. It is projected that from the post mortem report it can be observed that the husband of the petitioner was brutally tortured in his chest and abdomen, resulting in his death. It is projected that after huge public out-cry against the brutal murder, the Deputy Commissioner, Chirang, by an order dated 28.06.2015, directed an enquiry and accordingly, the S.D.O.(Civil), Bijni conducted the enquiry in his office. The petitioner has also projected that no ex- gratia compensation has been made till the date of filing of the writ petition despite proposal forwarded to the Government by the Deputy Commissioner, Chirang.