SNEHLATA DEBYA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed by the mother of one Kamal Bhattacharyya who is alleged to have been killed by the armed forces on 1.5,92. There is the prayer to pay a sum of Rs. 5(five) lacs to the petitioner as compensation for the brutal killing of Kamal Bhattacharyya by the army personnel and/or for other reliefs.

(2.) The brief facts of the case are as follows :

(3.) That on 1.5.92 at about 10.30 P.M. a number of army personnel raided the residence of the relative of the petitioner at Panbazar, Guwahati where the son of the petitioner Kamal Bhattacharyya stayed for some days for medical treatment. It is alleged that after the arrest, Kamal was taken away by the army personnel to Baharghat Army Camp in the District of Nalbari. It is further alleged that the Kamal was brutally tortured and assaulted by the Army force tin the Army Camp. On 2.5.92 Kamal was brought by Army to his native village Agangmow. He was brought near his residence and he was asked to stand. It was however, not possible for him to stand up as he sustained grieveous injury all over his body duty to brutal attak of the Army personnel. Thereafter, he was dragged to nearby field where he was kept in a standing position by two army personnel by holding his two hands from two sides. In front of a large number of villagers one army personnel shot at him and as a result Kamal died on the spot. The Army personnel left the dead body of Kamal in the open field. After five hours, the Deputy Commissioner Nalbari came with a number of Army personnel and took away the body for postmortem to Nalbari Town Hospital. The body was handed over to the family members of the deceased after postmortem, and brough to the residence of the petitioner. Thereafter, the creamation was performed.