Alleged 'Custodial Murder' Of Civilian By Indian Army: SC Enhances Compensation To Widow, Upholds HC Direction To Register Criminal Case [Read Judgment]

The Supreme Court, last week, upheld a Gauhati High Court direction to the CBI to register criminal case in an alleged custodial murder of a civilian by Indian Army and also enhanced compensation awarded to the widow of the victim.

Junu Gayary, the widow of deceased Someswar Gayari alias Sombrom, had approached the Gauhati High Court alleging that her deceased husband was taken away to Bhabanipur Army Camp by the personnel of 8th Madras Military Regiment at about 3:00 a.m. on 26.08.2003 and thereafter his whereabouts were not known until she was informed by the Officer In-charge of Amguri Police Outpost informing her that her husband had died on 30.08.2003 in an encounter with army near Bhabanhipurgaon. Responding to these allegations, army had taken a stand that he was killed in an encounter, which took place at about 3:50 hrs on 30.08.2003.

The High Court called for the report from District and Sessions Judge who, after enquiry, concluded that the deceased was in the custody of the Indian Army since the time of his picking up by the army till the time of production of the dead body and handing over the same to the police in the police station. The report also said that the death of the deceased was in the hands of army and an attempt, however, has been made by the army to show the death of the deceased as if in the course of encounter between the army and the deceased.

The High Court, thereafter, heard the matter in detail and ordered CBI investigation in the matter and also awarded a compensation of 3 Lakhs to Junu Gayary. 

Upholding the High Court order and also enhancing the compensation to five lakhs, the bench comprising Justice MR Shah and Justice AS Bopanna observed:

The persons who are responsible for the death of Someswar Gayari shall be ultimately investigated by the CBI. However, the fact remains that Someswar Gayari has died and there is a prima facie finding against the appellants. In fact, the High Court has awarded rupees three lakhs only which, according to us, is on a lower side. According to us, if rupees five lakhs is awarded towards compensation, at this stage, the same shall be in the interest of justice. Therefore, in exercise of powers under Article 142 of the Constitution of India and to do substantial justice to the deceased and his family members, we enhance the amount of compensation to rupees five lakhs, which shall be deposited by the appellants with the Registrar General of the Gauhati High Court within a period of four weeks from today, which shall be paid to the original writ petitioner on her being properly identified. The assessment of compensation of ours shall not preclude the original writ petitioner to avail such remedy as is available to her in law whatsoever which may have to be decided on its own merits.

The bench further directed:

Since the matter is very old, the CBI is directed to undertake and conclude the investigation at the earliest so that the real culprits are punished. It goes without saying and as held by this Court in the case of General Officer Commanding v. CBI and another, reported in (2012)6 SCC 228, that after the charge sheet is filed by the investigating agency and not after the cognizance is taken by the court, the competent authority in the army shall take a decision within a period of eight weeks from the date of filing of the charge sheet as to whether the trial would be by the criminal court or by a court martial and communicate the same to the Chief Judicial Magistrate concerned immediately thereafter. In case, the option is made to try the case by a court martial, the said proceedings would commence immediately and would be concluded in accordance with law expeditiously. It is further observed and directed that in case the option is made that the accused will be tried by the criminal court the CBI shall make an application to the Central Government for grant of sanction within a period of four weeks from the receipt of such option and in case such an application is filed, the Central Government shall take a final decision on the said application within a period of eight weeks from the date of such an application. In case, sanction is granted by the Central Government, the criminal court shall proceed with the trial and conclude the same expeditiously.

Click here to Download Judgment

Read Judgment