KAPIL MISHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition has been filed seeking a judicial enquiry with regard to the circumstances leading to the death of the brother of the petitioner, one Karna Chetri, which is claimed to have been occurred in police custody on 4.4.2002 inside the premises of the Jorhat Police Station. Compensation, as may be considered adequate by the Court and for necessary penal action against the wrong doer(s) are the other reliefs claimed in the writ petition.

(2.) According to the writ petitioner, Karna Chetri, brother of the writ petitioner, was aged about 2 years at the relevant point of time. He was apprehended and picked up by a patrolling party in the mid-night of 4.4.2002 along with his companions and thereafter taken to the Jorhat Police Station. Soon thereafter, the deceased Karna Chetri was injured in a gunshot in the premises of the Police Station where after he was removed to the Jorhat Civil Hospital where he was declared dead. According to the petitioner, an ejahar was lodged in respect of the aforesaid incident by one Jiaol Islam, one of the constable, who had apprehended the deceased and though Jorhat Police Station Case No. 131 2002 was registered on the basis of the aforesaid ejahar, there being no proper investigation of the case, the instant writ petition had been filed seeking the reliefs earlier noticed.

(3.) The claims made in the writ petition were opposed by means of an affidavit filed by the Superintendent of Police, Jorhat, wherein it is, inter alia, stated that the incident occurred when the deceased tried to snatch the carbine from the respondent No. 8 Constable Punya Kanta Das, in the corridor of the Police Station. As two conflicting versions had emanated from the pleadings of the parties, this Court by an order dated 12.1.2005 directed the learned District and Sessions Judge. Jorhat to make an enquiry with regard to the circumstances leading to the death of the Karna Chetri. Accordingly, an enquiry was conducted by the learned District and Sessions Judge, Jorhat and a report of such enquiry has been submitted to this Court on 5.5.2005. A copy of the said report being made available to the learned Counsels for the contesting parties, this case has been finally heard and at the conclusion of the hearing, the present order is being passed.