NIRMAL KALITA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) HEARD Mr. B.D. Goswami, learned counsel for the appellant. Also heard Mrs. A. Hazarika, learned Govt. counsel appearing on behalf of the State respondents.

(2.) THE learned Single Judge dismissed the Civil Rule No. 1391/96 by judgment and order dated 7.2.02 holding that there was hardly any clinching or satisfactory material to enable the writ court to hold that my particular police officer was responsible for the death of one Niranjan Kalita so as to fasten any liability on any particular member of the police party for the death of said Niranjan Kalita.

(3.) THOSE contentions and allegations of the writ petitioner, who happened to be the brother of the deceased Niranjan Kalita, were resisted and refuted by the State respondents by filing their counter. The case of the State respondents was that acting on a tip off that some ULFA militants were hiding in the house of Biren Kalita, police went to the house of said Biren Kalita in search of those militants. At that juncture, the people of village had gathered in front of the house of Biren Kalita and resisted such police action. They started pelting stones upon the police party from all sides and even fired at the police party who only in retaliation had to resort to firing upon the mob.