FATEMA BEGUM MUSSTT Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed to vendicate the death of petitioners' husband Kadir Ali, allegedly killed in Army custody and for appropriate directions for investigation by the CBI including direction for payment of compensation.

(2.) Petitioners' case is that their husband Kadir Ali and another Md. Mafizuddin were forcefully taken away on 22.8.2000 by the personnel of 15 Dogra Regiment of Indian Army from their residence. Md. Mafizuddin was released on the way in an unconscious state. Their husband Kadir Ali was shot dead and his body was found by the road side, 40 Kms away, from his house. It is further alleged that the Army personnel while taking away the above two persons identified themselves as members of 15 Dogra Regiment stationed at Dhekiajuli. They also disclosed that the deceased would be released on the next morning after interrogation. The family members immediately contacted the officer-in-Charge of Missamari Police Station, and the Officer-in-Charge of the Police Station confirmed that the deceased was in the custody of the said regiment. Next morning, on 23.8.2000, the petitioners also came to know from the officer-in-Charge of Thelamara Police Station that their husband was in the custody of the said Regiment at Dhekiajuli. On that day at 11A.M., Md. Mainul Haque, the eldest son of Kadir Ali was told by the Officer-in-Charge of Dhekiajuli Police Station that a person was shot dead by the Army and his dead body was lying by the road side. Eventually, the dead-body was identified as that of Kadir Ali. Post Mortem examination was held on the dead body on 24.8.2000 at Kanaklata Civil Hospital, Tezpur, Md. Mainual Haque lodged a complaint at Thelammara Police Station alleging that the Army Personnel of 15 Dogra Regiment shot dead his father while he was in custody. The police registered Thelamara P.S. Case No. 44/2000 under Section 302/325 IPC. It is submitted that the deceased was a businessman and was in no manner connected with any anti-social and criminal activities. He was killed by the Army in cold blood. The petitioners approached the Government of Assam for payment of compensation, but no action was taken to compensate the petitioners in any manner. The petitioners, on death of the only earning member of the family, have no means to survive. Hence, the petition for reliefs as npted above.

(3.) The respondent No. 1 to 4 submitted an affidavit, sworm-in by the respondent No. 4 the Commanding Officer of Dhekiajuli Army Camp at Batasipur. The answering respondent not only denied the allegation of taking of Kadir Ali by the Army, but also maintained that no Patrol Party of 15 Dogra Regiment went to Ulubari No.2 Village on 22.8.2000. Denying their complicity altogether, the answering respondents submitted that an encounter took place near village Lambakat at 03:00 hours on 23.8.2000 while an Army Patrol of the Regiment was returning from Village Gauband and Abdul Kadir was killed in that encounter. The respondents further submitted that the dead body of the deceased Abdul Kadir was handed over to the Officer-in-Charge of Dhekiajuli Police Station along with a report and seizure memo dated 23.8.2000.