RAJ KUMAR RABHA AND 2 ORS. S/O LT. THANESWAR RABHA Vs. THE UNION OF INDIA AND 5 ORS. REPRESENTED BY SECRETARY DEFENCE, GOVT. OF INDIA, NEW DELHI

JUDGEMENT

(1.) Heard Mr. BK Mahajan, learned counsel representing the petitioners. Also heard Mr. SC Keyal, learned Asstt. SGI representing the Respondent Nos.1, 2 and 3 and Mr. PS Deka, learned counsel representing the Respondent Nos.4, 5 and 6.

(2.) The matter pertains to alleged kidnapping and torture of three persons i.e. Raj Kumar Rabha, Khwmdwm Daimary and Rajib Basumatary. Out of the said three persons except Raj Kumar Rabha, the other two persons died, either being put to fire or by asphyxiation. The three petitioners herein comprises of Raj Kumar Rabha himself and the father of Khwmdwm Daimary along with the elder brother of Rajib Basumatary. The allegation is that the kidnapping and death of the other two persons were the handiwork of the personnels of 12 Kumaon Army Regiment Camp, Musalpur. The incident goes back to 21.12.2012 when all the aforesaid three persons were forcefully picked up by unknown persons coming in Silver coloured Tata Sumo in the evening at a point called Gadhuli Bazar. According to the version of Raj Kumar Rabha (petitioner No.1), they were dragged inside the vehicle while they were standing in front of a stationery shop at Narayanpur Chowk. Physical assault on them, followed by Khwmdwm Daimary being shot dead inside the vehicle and being taken to the Army Regiment Camp at Musalpur where Raj Kumar Rabha and Rajib Basumatary were detained for the night has been alleged. The allegations on the incidents of the following morning is that both Raj Kumar Rabha and Rajib were taken to another place in a Red coloured Tata Sumo and during the journey both of them were severely beaten up rendering them unconsciousness. The same night both of them were thrown out of the vehicle, perhaps being thought as dead. Regaining consciousness, Raj Kumar Rabha saw Rajib Basumatary lying dead. Looking for shelter in a nearby house which was denied by the owner, he, however, came to learn that the place where they were thrown out was called Dongpar. On 23.12.2012, at around 10 AM, Raj Kumar Rabha managed to reach Narayanpur Chowk. According to Raj Kumar Rabha a person by the name of Mohendra Daimary of Narayanpur was present at the time of kidnapping and was all along sitting with the army jawans.

(3.) Various First Information Reports came to be lodged by the relatives of Khwmdwm Daimary and Rajib Basumatary and, in fact, the statement of the petitioner No.1 was also recorded under Sec. 164 Crimial P.C. on 23.12.2012 in connection with Musalpur PS Case No.91/2012 registered under Sections 365/34 Penal Code read with Sec. 27 of the Arms Act.