ANIL RAMCHIARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner invokes the extra ordinary jurisdiction of this court under Article 226 of the Constitution of India with a prayer to issue a writ in the nature of mandamus directing a judicial enquiry into the circumstances under which the petitioner's brother Sunil Ramchiary was killed by the army and bring the culprits to book and punish them as per law. It is also prayed to issue an appropriate direction directing the respondent to pay adequate compensation to the family of the deceased Sunil Ramchiary.

(2.) The allegations levelled in the writ petition are that on 28th March, 2001 at about 2.30 a.m. a group of any personnel visited the residence of the petitioner at village Agardhowa under Barama P.S. in the District of Nalbari and forcefully took away the petitioner's brother Sunil Ramchiary along with them. The army personnel ignored the protest and request made by the family members not to take him away.

(3.) It is further stated that even while the petitioner and other members of the family were in utter shock and fear by the sudden turn of events, they could hear the sound of gunshots immediately after sometime the army personnel left the residence of the petitioner along with his brother Sunil Ramchiary. The petitioner along with some villagers went in search towards direction from where gunshofts were heard. In the process they have reached the spot near Angardhowa Batho Temple, where they found pool of blood with signs of dragging, but not found any person in and around the vicinity. They have made enquiries at Dhamdhama police station as well as the Barimakha Army camp but without any result. While the petitioner and other members were in total dark about the said Ramchiary they were informed by the police of Barama P. S. at about 2 p.m. on 28th March, 2001 about the death of Sunil. Based on the information so furnished by the police the petitioner and other family members went to Nalbari and received the deadbody of Sunil Ramchiary from the Civil Hospital in the evening of the same day.