SHILPI ACHARJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This is another instance of an unfortunate death of a young boy, aged about 28 years, because of the torture while in custody of the Indian Army.

(2.) The undisputed fact, as it appears from the pleadings in the writ petition as well as in the affidavits filed by the Indian Army as well as the State Government, are that the petitioner's husband was apprehended by the 94 Field Regiment of Indian Army on 31.05.2004 at about 2300 hours, who was in custody of the Army up to 1745 hours of 01.06.2004.

(3.) The petitioner alleges that while her husband Biswajit Acharjee was in Army custody, he was tortured, as a result of which received both external and internal injuries, for which after his release, though he was admitted in Lumding Railway Hospital, he eventually died on 02.06.2004. The petitioner has also contended that the Indian Army, by exerting pressure has extracted a writing from Ashok Roy, a relative of Biswajit Acharjee, that he was found to be healthy and not subjected to any torture while in Army custody. The petitioner, therefore, prays for a direction for payment of compensation and also for a job.