STATE OF ASSAM Vs. TARULATA DEVI

JUDGEMENT

(1.) Smti. Tarulata Devi, the mother of Pankaj Sarma, a young boy of about 25 years and victim of the custodial death, filed a writ petition being Civil Rule No. 1333 of 1995 against the State of Assam and others praying for a direction to initiate a judicial inquiry for the purpose of fixation of liability/responsibility upon the wrong doers involved in the killing of her son while in custody in Mangaldoi police station on 4.12.1994; registration of a Criminal Case under Section 3021.P.C. and punish such person (s) found responsible for the killing of her son and also to pay suitable compensation for such custodial violence. The learned Single Judge upon hearing the learned counsel for the parties and on the basis of the materials available on record wide judgment and order dated 26.4.2001 directed payment of a sum of Rs. 2 lakhs by the State to the writ petitioner for the wrongs on the part of the State and its failure to discharge its solemn duties to protect the fundamental rights of the citizen and also, keeping in view the facts and circumstances involved, directed the Central Bureau of Investigation (CBI) to register an FIR and to investigate the same in accordance of the code of criminal procedure with utmost expedition. The: State of Assam being aggrieved by the direction issued to the CBI to investigate the matter, has filed the present appeal, while making payment of the compensation of Rs. 2 lakhs awarded by the learned Single Judge, to the writ petitioner.

(2.) The facts relevant for the purpose of the present appeal is narrated below :

(3.) We have heard Mr. Sushil Kumar, learned senior counsel appearing; on behalf of the appellant, State of Assam. Mr. Uzir, learned counsel appearing on behalf of the respondent/writ petitioner as well as Mr. D. K. Das, learned senior counsel appearing on behalf of the CBI.