HIREN CH RAY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri B.D. Konwar, learned counsel for the petitioner and Sri Goswami, learned counsel for the Union of India.

(2.) Petitioner is the father of the deceased Dilip Roy @ Dilip Kumar Rai, who was picked up by the Army personnel belonging to 168 Field Regiment. The detenue was picked up on 10.11.2000 and the petitioner alleges that his father was tortured and thereafter, he died as a result of bullet injury. The petitioner, therefore, prayed for compensation.

(3.) The respondent-Union of India has filed an affidavit-in-Opposition, wherein, it is stated that the deceased was picked up and the said Dilip Roy, deceased led the Army to recover of. 3 rifle and while the Army party was returning with the deceased, there was ambushment by the Extremist out outfit and in the cross-fire, deceased-Dilip Roy sustained bullet injury and died. In this connection, Gossaigaon P.S. Case No. 175/ 2000 was registered and the final report was submitted in this case. Thus, uncontroverted facts that the deceased was picked up by the Army and he died while in army custody. From the perusal of the post-mortem report, we find no basis regarding allegation of torture etc. However, the fact remains that the deceased died while in army custody and the army failed to protect the life of the deceased. Further, this is not a case, where the deceased had contributed to his own death by either attempting to flee or doing something that prompted his killing. The respondents have come up with specific case that the deceased died due to bullet injury in the cross-fire.