KHARGES WAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Alleging that the facts narrated in the writ petition amounts to custodial death of the sons of the petitioner Nos 1 and 2 respectively and the brother of the petitioner No.3, the instant writ petition has been filed for a judicial enquiry and for further follow up measures.

(2.) The petitioner No.1 is the father of one Durgeswar Deka, whereas the petitioner No.2 is the father of one Lohit Deka. The petitioner No.3 is the elder sister of one Bhubaneswar Borah. The case of the petitioners as projected in the writ petition is that on 6.8.97, the sons of the petitioner Nos 1 and 2 and the brother of petitioner No.3 were picked by the Army personnel belonging to Chopai Army Camp in Army vehicles and taken to the Army camp in Chopai. Notwithstanding the efforts made by the petitioners to gain an entry into the Army camp, they were denied access whereafter the matter was reported to the Deputy Commissioner, Darrang seeking the release of the detained persons. However, on the next day, the dead bodies of the victims were found lying in the Civil Hospital, Mangaldoi were handed over to the petitioners by the Mangaldoi Police compelling the petitioners to understand that the deaths in question had occurred in Army custody.

(3.) The contentions made in the writ petition were denied by the respondent Nos 4 and 5 by filing an affidavit wherein the stand taken is that the deceaseds were members and office bearers of an unlawful organization i.e. ULFA and that on the date in question i.e. 6.8.97 they had died in an encounter with the Army. Various materials including the FIR lodged by the Army authorities and the alleged recovery of arms and incriminating documents from the persons of the deceaseds were brought on record in support of the stand taken.