BIJAN KR MAHAJAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The two writ petitioners, who are members of the Gauhati High Court Bar Association, have approached this Court in this public interest litigation for drawing attention of this Court in respect of an incident that took place on October 30, 2002 within the heart of the Guwahati City, which resulted in death of two persons namely, Speed Hazarika of Nagaon and Mithu Barua of Nalbari, alleged to be members of a banned organization.

(2.) Facts, leading to the above incident, as disclosed from the materials on record, and which are not disputed, are that one Md. Abedur Rahman of Hatigaon, a businessman, was subjected to extortion and some demands were made for extorting money from him. It may be mentioned that the said Rahman was earlier abducted from Kamalpur area and it is suspected or believed that he was released from captivity on payment of certain amount of ransom. On information being lodged by said Ahedur Rahman, he was kept under vigil and on the date of occurrence, the said Abedur Rahman was asked by the militants to proceed to a particular area of Hatigaon Chariali. The direction was given over telephone and accordingly Mr. Rahman proceeded towards that place followed by the police personnel in civil dress. While he was so proceeding, two persons were seen coming in a Rickshaw from the opposite direction, who started firing on the police personnel. May be they could recognize the police personnel in civil dress. Police also opened fire and both the youth abandoned the rickshaw and started running towards Ajanta Path. The police chased them. One of the youth, Speed Hazarika fell to the bullet fired by police, but other person entered into the residence of one Aftabuddin Ahmed and locked himself inside a room. There were some exchange of fire between them and ultimately the other youth was also shot dead. In the meantime, higher police officials also arrived at the spot and necessary follow up actions were taken.

(3.) The case of the petitioner is that as the police had prior information, they could have easily apprehended the culprits alive. It is submitted that at least one of them namely, Mithu Barua, who was cornered in a room of a house, could have been captured alive and killing of a person in inhuman manner needs to be deprecated. More over, after the killing, the dead bodies were removed in a most inhuman and indecent manner as such the petitioners have prayed for the following reliefs : (i) To direct an enquiry to be conducted by the Central Bureau of Investigation; (ii) To grant adequate compensation to the kith and kin of the deceased persons; (iii) To direct the Respondent authorities not to kill a militant in unnecessary manner; and (iv) To take effective steps for training the police personnel to combat in urban and densely populated area.