ANIL NARZARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate for the State respondents and Mr. B. Deka, learned CGC for the Union of India.

(2.) As per the projection made in the writ petition, the deceased Ratan Nazari was a cultivator by profession who resided in the District of Chirang and his family consisted of his wife and three children. On the early hours of 28/12/2016, the wife of the deceased was informed that her husband had been killed by the Indian Army in a fake encounter at a place under the jurisdiction of Bismuri police outpost under the Kokrajhar Police Station in the district of Kokrajhar. The family members thereafter rushed to Kokrajhar Police Station where, after completion of formalities including post mortem, the mortal remains were handed over to the members of the petitioner's family.

(3.) With regard to the aforesaid incident, the In-charge of the Bishmuri police outpost, namely Sub Inspector Ritu Jyoti Nath, had lodged an FIR on 28/12/2016 before the Officer-in-Charge of the Kokrajhar Police Station to the effect that a joint operation was led by the then Additional Superintendent of Police (Head Quarter), Kokrajhar, and comprising of the informant along with other police personnel and the 7th Sikh Light Infantry Army personnel on 28/12/2016 at about 0130 hours in the general area of Laopani Jungle. The FIR further quoted that an ambush was laid on two strategic points. It was further quoted that at about 0520 hours, 3 or 4 suspected NDFB cadre personnel arrived with sophisticated weapons. On being asked to stop, the miscreants opened indiscriminate fire from their weapons. The police team opened retaliatory fire. After the firing had stopped, on a cautious search, a severely injured militant was found lying in the jungle while the other cadre members had managed to escape. The FIR further quoted that the injured militant was evacuated to a civil hospital in Kokrajhar, where he was declared brought dead at 0658 hours.