SHIPRA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Bhattacharya and Mr. J. Sarma, learned counsel for the petitioner. Also heard Mr. S. P. Choudhury, learned Govt. Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India petitioner seeks a direction to the respondents for payment of Rs. 15,00,000/- as compensation for the custodial death of her only son, Liton Dey, on 29.03.2012 and initiation of criminal prosecution of the guilty police personnel of Haflong Police Station.

(3.) Case of the petitioner is that on 28.3.2012, her son, Liton Dey, aged about 23 years, was coming from the petrol pump towards his house i.e. BSNL complex at Haflong at about 6:00 p.m. on a motor bike. While riding the motor bike, Liton Dey met with a minor self accident near the Rotary Point, Haflong whereafter he fell down from his bike on the road. He suffered minor injuries on his elbow and got up immediately. No one else was injured and no property was damaged. As Liton Dey was about to restart his bike, suddenly two police men came on a bike, stopped him and asked him to accompany them to the police station. Though Liton Dey protested as there could be no justifiable reason for him to be summoned to the police station, his protest was brushed aside and he was forcibly taken to the police station.