BIHAR TIMUNG Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Writ Petition for Habeas Corpus the petitioner Shri Bihar Timung claims compensation and judicial enquiry into the mysterious death of his elder sister Ms. Someswari Timung and deterrent punishment of the culprits for her murder.

(2.) The case of the petitioner in brief is that his elder sister Someswari, was a Grade-IV employee (attendant) of Majikuchi Subsidiary Health Centre within Gohpur Constitutency in Sonipur District Her marriage was scheduled to be solemnised within a short time with one Prabin Mudoi of the locality and sometimes they used to live together.

(3.) On 9-12-1990 at about 3 A.M. to 4 A.M. three vehicles carrying Army personnel and police entered the compound of the Majikuchi Subsidiary Health Centre, where the Doctor, Incharge of the Health Centre, namely, Dr. D. Chetri and Someswari were residing in separate Government quarters. On that day Shri Prabin Mudoi was also staying with Someswari in her quarter. Army personnel forcibly entered into her quarter and brought out Prabin Mudoi and took him away elsewhere. Thereafter, Someswari was tortured. There was nobody to rescue her. At about 9 A.M. on 9-12-1990 a rumour spread out in the locality' that Someswari was hanging in her quarter. After hearing the rumour police of Howaijan Outpost came and found Someswari hanging in her quarter. Police kept the dead body in the open front of the Out-post till 11-12-1990 and no post mortem examination of the dead body was held.