(1.) Heard Mr. D.C.K. Hazarika, learned counsel for the petitioners. Also heard Mr. R.K.D. Choudhury, learned ASGI for respondent Nos.1 & 2 and Mr.R.K. Bora, learned counsel appearing for respondent Nos.3,4 and 5.
(2.) The present petition has been filed by 2(two) petitioners, namely, Sri Konto Warisa and Sri Golom Nunisa who alleged that their sons, namely, Poresh Warisa and Sujit Nunisa, agedabout 23 years, residents of Wari Lamphu village were picked up by the personnel of 12th Battalion Madras Regiment on 14/7/2009 from the said village and subsequently, were shot dead and the dead bodies brought to the Haflong Police Station on 19/7/2009.
(3.) It was submitted that in connection with the said incident, an F.I.R. was lodged with the Dehangi Police Station by one Dimanon Kemprai. On receipt of the F.I.R., Dehangi P.S. Case No. 05/2009 dtd. 20/7/2009 was registered under Sec. 302 IPC corresponding to G.R. Case No.177/2009 against the personnel of the 12th Battalion Madras Regiment, Camp at Kobak Post. However, since no progress was made for bringing the persons responsible for custodial death of the aforesaid two persons, namely, (i) Poresh Warisa and (ii) Sujit Nunisa to book, the present petition has been filed seeking for a direction for holding a judicial inquiry into the killing of the aforesaid 2(two) persons and to take appropriate action against the army personnel in accordance with law and also to award adequate monetary compensation to the tune of Rs.20,00,000.00 (Rupees twenty lakhs) only each to the petitioners, as follows: