KUNJA DAIMARY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. N. Chakraborty, learned counsel appearing for the petitioner as well as Mr. D. Barua, learned Central Government Counsel (for short; 'the CGC') representing the Union of India/respondents No. 1 and 2. Also heard Mr. P. S. Deka, the learned State Counsel on behalf of the State of Assam/respondents No. 3 to 5.

(2.) THE case, in brief, is that the incident happened on 9. 1. 2001 when the husband of the petitioner one Khagen Daimary accompanied by his wife and daughters went to attend the Shradha ceremony of his brother Santi Narzari, who was killed by the Army to his brother's house at Amguri. On that day at about 11. 30 P. M. , the army personnel surrounded the said house and thereafter, the said Khagen Daimary (hereinafter referred to as, 'the deceased') was taken to nearby paddy field by the army, and was killed by the army suspecting him to be an NDFB militant. His dead body was sent to Mangaldoi Civil Hospital for post mortem examination. The said deceased was a cultivator and at the time of his death he left behind his wife, the petitioner herein, two minor daughters aged about two years and three months respectively and his old mother.

(3.) THIS Court while entertaining this writ petition for its hearing, by order dated 5. 3. 2003 directed the learned District Judge, Darrang to conduct summary enquiry allowing opportunities to the parties concerned and to submit his report within 60 days. In compliance of the aforesaid order, an enquiry was held by the learned District Judge, Darrang and a report dated 14. 9. 2004 thereof was placed before this Court for its perusal and consideration.