JAHURA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K.K. Bhatra, learned counsel for the petitioner and Mr. S. Sarma, learned counsel appearing for the respondents. Also heard Mr. P. Roy, learned counsel appearing for the State of Assam.

(2.) This writ petition has been filed seeking adequate compensation to the petitioner on account of death of her husband Mahammad Ali, who according to the petitioner, died in the lock up of the Railway Protection Force, New Bongaigaon on 31.7.93/1.8.93. The case pleaded by the writ petitioner is that on 31.7.93 at about 9 .a.m., her husband Mahammad Ali was arrested by the Railway Protection Force near the railway over-bridge at New Bongaingaon and thereafter he was taken to the Railway Protection Force post at New Bongaigaon. At about 12 noon when the petitioner had gone to see her husband she found the Railway Protection Force personnel on duty assaulting and beating her husband in the Railway Protection Force lock up. The petitioner has further stated that on 1.8.1993 the petitioner could come to know that her husband was taken to the New Bongaigaon Railway Hospital and when she had gone to the Hospital she found that her husband had already died. Accordingly on the same date, i.e., 1.8.1993 her father-in-law had lodged a FIR with the Officer-in-charge of New Bongaigaon Police Station with regard to the death of her husband Mahammad Ali.

(3.) The case projected in the writ petition has been resisted by the respondents No. 1 and 2 by filing an affidavit. In the affidavit filed the stand taken appears to be that in the late evening of 31.7.1993, i.e., at about 10/10'30 p.m. the deceased husband of the petitioner along with a group other persons were found loitering in the railway yard of New Bongaigaon Railway Station. One D.K. Barua, Sub-Inspector of Railway Protection Force, New Bongaigaon challenged the aforesaid persons and wanted to arrest them. The persons concerned resisted and in the scuffle that took place, the husband of the petitioner sustained certain injuries. Thereafter he was brought to the Railway Protection Force Outpost and lodged in the lock up. Next morning at about 8 a.m. the husband of the petitioner was found unconscious, whereafter, he was taken to the Hospital where he was declared dead.