BIJOY DAIMARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Ms. P. Bhattacharya, learned counsel, appearing for the petitioners. Also heard Ms. B. Goel for the respondent Nos. 1,2,3 and 4 and Mr. C. Barua, learned Central Govt. Counsel appearing for respondent Nos. 5 and 6.

(2.) WHEN the innocent villagers are deprived of their fundamental rights guaranteed under Article 21 of the Constitution of India and the fingers of accusation for such illegal acts are pointed towards the protectors of the citizen i. e. the Army or the police personnel, it really pricks the conscience of the Court. What relief, if any, can be extended to such victims while such matters are brought to the notice of the court by way of filing writ petition under Article 226 of the Constitution of India? This is, precisely, the question to be answered by this Court in the instant case. In fact, the Apex Court as well as this Court has dealt with such question in a number of cases and by now the law has been settled on the point. It has been held by the Apex Court that rights inherent in Articles 21 and 22 (1) of the Constitution require to be jealously and scrupulously protected. Any form of torture or cruel, inhuman or degrading treatment would fall within the inhibition of Article 21, whether it occurs during investigation, interrogation or otherwise. (1997) 1 SCC 416 D. K. Basu Vs. State of West Bengal and Ors. may be referred to in this regard.

(3.) THREE petitioners, namely, Sri Bijoy Daimary, Sri Prabin Daimary and Sri Bhaben Musahary have filed this writ petition on their behalf as well as on behalf of 230 villagers of No. 3 Panimudijhar (Dwimajuli) village under Panery Police Station in the District of Darrang, Assam.