SIBA NATH GOGOI Vs. UINON OF INDIA

JUDGEMENT

(1.) The petition under Article 226 of the Constitution has been filed for issue of appropriate writ for prosecution of the offending personals and for compensation for alleged killing of Dina Gogoi @ Rabi Gogoi of Purani Joboka Gaon, Sonari by the Army.

(2.) We have heard Mr. A.K. Bhattacharjee, the learned senior counsel for the writ petitioner, Mr. BC Das, the learned State counsel! and Mr. PN Choudhury, the learned Addl. CGSC for the Union of India.

(3.) The petitioner is the elder brother of Dina Gogoi @ Rabi Gogoi. The petitioner and his family members could come to know from newspaper reports that his brother Dina Gogoi @ Rabi Gogoi was killed in an encounter with Army. The newspaper further reported that the face of Dina Gogoi @ Rabi Gogoi was defaced and his mortal remain was burnt with kerosene and tyres. The Army authorities compelled the father of one Sri Manju Gohain to identify the dead body of Rabi Gogoi as that of Manju Gohain. Hence, this petition for issue of appropriate directions for prosecution of the (offending officers and also for compensation.