Gauhati High Court Grants Compensation To Kin Of Two Alleged ULFA Cadres Shot Dead By Assam Rifles, Rules Out CBI Probe

While allowing the writ petition the division bench of Chief Justice Mr. R. M. Chhaya and Justice Soumitra Saikia observed:

“In totality of the facts, as per the pleadings on record, it clearly transpires that both the deceased were -17- asked by the Assam Rifles to stop. However, they tried to flee because of which the Assam Rifles open fired...However, the fact remains that two young youths have lost their lives in firing and the petitioners as their kith and kin would be entitled to appropriate compensation.”

It was the case of the petitioners (mothers of the deceased persons) that they came to know through TV news channels that their sons were shot dead and 6(six) others were apprehended by the police authorities on the allegation that they belong to ULFA cadre.

The petitioners alleged that both the deceased persons were killed without any rhyme and reasons by the Assam Rifles in inhuman manner and the exercise of powers under Armed Forces Special Powers Act in such a manner is violative of Articles 21 and 22(5) of the Constitution of India.

The respondent, Assam Rifles, in their affidavit contended that an operation was launched by 13th Assam Rifles, Miao ‘Coy’ on 14.12.2016 on specific inputs from their own sources regarding presence of ULFA(I) militants in the general area of Dharmapur-I. It was further contended that the suspected houses were put under surveillance and two cadres of ULFA(I) tried to break the cordon and escape and even though the Assam Rifles party challenged the fleeing cadres, they did not stop and because of which the Assam Rifles party open fired, wherein the deceased persons were killed.

With regard to alleged incident, the government ordered Magisterial enquiry which was carried out by Judicial Magistrate, First Class, Miao, District Changlang, Arunachal Pradesh, who by his final report dated 25.05.2017, recorded that nothing adverse was found against the security forces.

Earlier during the pendency of the writ petition, a co-ordinate bench of the High Court vide order dated 23.03.2021 ordered for an enquiry by the sitting District Judge to reach to the truth of the matter.

The court observed that as per the report submitted by the District Judge, about 11(eleven) boys and girls were assembled and were to cross over to Myanmar to join ULFA and Assam Rifles open fired during the operation on 14.12.2016 for the purpose of preventing the deceased from escaping after both accused were asked by the Assam Rifles to stop.

The court directed the competent authorities who are investigating the FIRs filed by the petitioners to investigate the same in accordance with law and as expeditiously as possible.

However, the court held:

“In totality of facts and in facts of this case, investigation by Central Bureau of Investigation (CBI) or any other Agency is not required as mentioned hereinabove. The learned District & Sessions Judge, Dibrugarh has threadbare inquired the matter.”

Finally taking note of Notification dated 18.03.2012 of the government of Assam issued under Section 357 of the Code of Criminal Procedure to provide compensation of Rs.2,00,000/- in case of death and after relying upon the ratio laid down by the Apex Court in the cases of People’s Union for Civil Liberties & Anr. v. State of Maharashtra & Ors. (2014) 10 SCC 635 and Naga People’s Movement of Human Rights v. Union of India (1998) 2 SCC 109, the court ordered:

“The Union of India shall pay the aforesaid amount, i.e. Rs.4,00,000/- (Rupees Four Lakhs), as compensation to each of the petitioners, within a period of 1(one) month from the date of receipt of copy of this judgment & order in the names of the petitioners, after due verification.”

Case Title: Smti. Bohagi Chutia & Anr. v. The Union of India and Ors.

Citation: 2023 LiveLaw (Gau) 27

Coram: Chief Justice Mr. R. M. Chhaya and Justice Soumitra Saikia

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