MANIKA NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed seeking monetary compensation for the death of petitioner's husband allegedly in a fake encounter.

(2.) I have heard Sri B. K. Mahajan, learned counsel for the petitioner. The Union of India and its officers (R 1 to R 4) were represented by Sri C. Baruah, learned CGC. The State of Assam and its officers were represented by Sri A. Sarma, learned Government counsel. Also perused the pleadings of both the sides as well as the report submitted by the District & Sessions Judge, Nalbari.

(3.) To appreciate the disputed facts whether the deceased was kidnapped and killed by the Army personnel and whether the petitioner is entitled to monetary compensation and if so, to what extent, it is necessary to have a cursory look on the facts and evidence which are as follows :-