KHALASON DAIMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.K. Mahajan, learned counsel appearing for the petitioners. Also heard Ms. R. Bora, learned Central Government counsel and Mr. P.S. Deka, learned Government Advocate, who represents the State.

(2.) In these 2 writ petitions custodial death of 2 persons who were in Army's custody due to unauthorized shooting by an Army Officer is alleged and appropriate inquiry by an independent agency, into the circumstances of the death is prayed for by the petitioners. Further claim for compensation has also been made in the petitions. As common arguments have been advanced in both the cases and the incident is one and is covered by a common inquiry report submitted by the learned District & Sessions Judge, Mangaldoi, we propose to dispose of both the writ petitions, by this common order.

(3.) The two detained persons involved in the cases share a common name, i.e. Pratul Daimari who is the son of Sri Khalason Daimari (hereinafter referred to as the Pratul Daimari-1). Both are residents of Naoherua Village under Majbat Police Station of Darrang District.