HASA BASUMATARY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed seeking appropriate orders from the Court for payment of compensation and registration of a criminal proceeding in respect of the death, in Army custody, of four persons including the 27 year old son of the writ petitioner. According to the writ petitioner, his son Mankeswar Basumatary along with Danswarang Basumatary, Philimon Campramari and Kishore Narzary were picked up by the Army personnel of Runikhata Army Camp at about 11-11. 30 p. m. of 19. 5. 2003. According to the petitioner, he along with the parents/guardians of the other three boys made frantic search for the missing boys in course of which they had visited several police stations of the locality and had also approached the Deputy Commissioner and the Superintendent of Police, Kokrajhar. However, on 22. 5. 2003, the petitioner received information that his son along with the other three boys had been killed in an encounter with the Army. Contending that no such encounter had taken place and that the four boys had been killed in cold blood by the Army personnel, this writ petition has been filed claiming the reliefs earlier noticed.

(2.) THE claim made in the writ petition was resisted by both sets of respondents in the writ petition i. e. the Union of India and the State of Assam. According to the Union of India, none of the aforesaid four boys were picked up in the night of 19. 5. 2003, as alleged by the petitioner. Rather, the case of the Union, as evident from the affidavits filed in the present case, was to the effect that there was an encounter with some unknown terrorists at about 9. 30 p. m. of 21. 5. 2003 at a place called Tukri Basti. In the course of such encounter four terrorists were killed by the Army and their dead bodies were handed over to the Runikhata Police Out Post at about 3 a. m. of 22. 5. 2003. In so far as the State of Assam is concerned, the affidavit filed by the Superintendent of Police, Kokrajhar would seem to indicate that according to the State respondents, the deceased persons were active members of NDFB (National Democratic Front of Bodoland), a banned organization.

(3.) THE stand taken by the contesting parties before the Court having given rise to two conflicting versions with regard to the core facts that were essential to be determined, a learned Single Judge of this Court by order dated 31. 3. 2008 directed an enquiry to be made by the District and Sessions Judge, Kokrajhar with regard to the circumstances in which death of the aforesaid four persons had occurred.