KUSHUM KAMINI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for a Writ of Mandamus or any other Writ or direction of like nature for initiating a judicial Enquiry relating to death of Debajit Singha @ Kenny to fix the responsibility on the person concerned and for a direction commanding the respondents to pay compensation to the petitioner for alleged violation of fundamental right of the petitioner under Article 21 of the Constitution of India.

(2.) The petitioner is the mother of deceased Debajit Singha @ Kenny who was died at the hand of Army Authority on the intervening night of31.10.1993 and 1.11.1993. At the time of death the deceased was only 23 years of age. After passing the Pre-University (Arts) examination he went to prosecute his studies for B. A. in Imphal but unfortunately he could not complete his studies and returned to Silchar. At Silchar he completed his diploma course: in Type Writing and thereafter he was in search of Government job. For a few days he was also employed on the daily wages basis by the Election Office, Silchar in the year 1989.

(3.) According to the petitioner on 31.10.1993 the family members of the petitioner including deceased Debajit Singha @ Kenny after their dinner went to bed and about 1.30 AM some Military/Army personnel entered into the petitioner's house by breaking upco the gate and door and started banging the doers and windows of the side walls of their dwelling house. The petitioner opened her front door and as soon as the door was opened the Military/Army personnel forcibly entered the house and assaulted her. Thereafter they started shouting loudly saying that "Hatiyar Nikalo". They also started ransacking the house andl the son and daughters of the petitioner's objscted on their behaviour and the Military/ Army personnel forcibly took away the petitioner's eldest son. Debajit Singha by tying his hand and covering his face with cloth. After a while petitioner and her family members heard the sound of gun shots and cry of late Debajit Singha and as soon as the petitioner and her family members were in search of Debajit Singha but they found some blood mank at a little distance from their house. On the further enquiry of the petitioner and her family members they could know that deceased Debjit Singha was admitted by the Army personnel in injured condition in Silchar Medical College and accordingly they went to see Debajit Singha @ Kenny in the Silchar Medical College and found deceased Debajit dead with bullet injury. The petitioner was informed by the concerned doctor that deceased Debajit Singha was admitted in the Silahar Medical College Hospital with gun- short injury by the Army personnel and the doctor submitted his report : on 1.11.1993 at 3.40 am at the Ghungoor Out Post. The said report was addressed to the O.C. on duty Ghungoor Police Out Post, Silchar 14-Cachar, Assam which reads as follows along with the endorsement: <FRM>JUDGEMENT_361_GAULT2_1999Html1.htm</FRM>