GIRIBALA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is yet another case where an innocent poor man has been brutally killed at the hands of the security agencies in the name of counter insurgency operations.

(2.) THE widow of the deceased is before us in the proceeding under Article 226 of the Constitution of India seeking an appropriate writ against respondents for payment of compensation. The case set up by her is a simple one.

(3.) ON 24th August, 1999 at about 5 A. M. the writ petitioner's husband Phanidhar Das aged about 55 years went to answer the calls of nature in the open area at a distance of few feet away from his residential house, then all of a sudden the Army personnel fired on him and as a result of which he sustained grievous injuries resulting in his death. The inquest report was prepared by Executive Magistrate, Mangaldoi, Darrang in the hospital and later on the postmortem examination was conducted by Dr. D. N. Saikia of Mangaldoi Civil hospital. The postmortem report clearly reveals that the deceased sustained injuries caused by fire Arm and died on account of the same. The petitioner states that at the time of death her husband was aged about 55 years and left behind the petitioner and two minor daughters aged about 15 and 10 years respectively. The petitioner further states that the incident was witnessed by the neighbouring villagers and she was informed about the incident. The incident later on was published and widely circulated in local newspapers on 25th August, 1999. It is under those circumstances, the petitioner invokes the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with the prayer to issue appropriate directions as against the respondents directing them to pay adequate compensation.