LILESWAR MORAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter involves death of three young persons in Army firing. While according to the petitioner, the Army has caused their death illegally, according to the Army their death is a result of the Act of retaliation in self defence when one of them fired upon Army search party. The petitioners are the respective fathers of the deceased namely, Siba Moran, Janak Moran and Dhiraj Duara. As stated in the writ petition, on 25.12.2011, Siba and Janak had gone out in Janak's motor cycle and at around 4.30 p.m., they were seen at a Petrol Pump by the petitioner No. 1, where they had gone to fill petrol in the motor cycle and thereafter at around 7 p.m., they were seen by various other persons in the Makum Township. The 3rd deceased namely Dhiraj had left his home at about 2 p.m. on 25.12.2011 and as claimed by the petitioners, he was seen watching volleyball match in the village by some villagers. Later on, he was seen by many people boarding a tempo and going towards Makum in the late afternoon.

(2.) When the three deceased did not return home till late at night, their family members began to worry and the petitioner No. 1 rang up his son Siba (Mobile No. 9813178883), but there was no response although the phone went on ringing. Similarly, Dhiraj's family members also tried to contact him in his mobile phone bearing No. 9954390547, but there was no response. Throughout the night the family members of the three deceased along with other villagers tried to locate their whereabouts, but all efforts went vain.

(3.) As stated in the writ petition in the next day morning i.e. 26.12.2011 at about 9 a.m. there appeared a "Breaking News" on a few Guwahati based Televisional boys were killed in an encounter at Namsai in Arunachal Pradesh and that one of the boy was identified as Dhiraj Duara. Later on, in the day, the names of all the three boys who had been killed in the encounter were telecast in the television.