SAIRA BEGUM BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Rashid, learned counsel for the petitioner. Also heard Mr. K. C. Mahanta, learned State counsel appearing for the State Respondents.

(2.) By means of this writ petition presented under Article 226 of the Constitution of India, the petitioner has sought for a direction by way of a writ of or in the nature of Mandamus to the State-Respondents to pay compensation due to the killing of her husband namely Romij Uddin Barbhuiya in police firing at Silchar due to the fact that one student namely Abdul Hasim Mazumdar @ Liblu Mazumdar of Soidpur Part-1 died because of accident caused by a 407 Bus for which the students of the locality launched a picketing on 12.9.2000 near the shop of Rahim demanding for construction of a speed break. Subsequently the police personnels headed by one Sri Pabitra Barman O/C, Silchar Police Station with armed CRPF came on the spot and restored to lathi charge. Eventually firing was ordered due to which the petitioner's husband received bullet injury and was sent for treatment at Silchar Medical College and thereafter at Guwahati Medical College & Hospital. Ultimately he succumbed to his injury.

(3.) This Court by order dated 21.11.2003, after. hearing the learned Counsel for the parties and also taking into account the seriousness of the matter, directed the learned District & Sessions Judge, Cachar at Silchar to hold an enquiry and to submit report thereof.