H. Baruah, J.

1. Petitioner, Musstt. Anowara Begum is the wife of Late Jabed Ali, a resident of village Gariapara, P.S. Mangaldoi, District-Darrang, Assam. While petitioner's husband Late Jabed Ali was alive, on 13-7-1999 at about 2 p.m. some police personnel with arms under the supervision of Md. Jalil Ali, a Sub-Inspector of police then posted at Mangaldoi police station came to their house and mercilessly beaten her husband Jabed Ali and her brother-in-law, Tamzid Ali causing serious injuries to their person and took both of them to the Mangaldoi police station. At about 6 p.m. on the same day some villagers informed the petitioner that her husband died as a result of assault by the police personnel at the police station and her brother-in-law. Tamzid Ali was admitted in Mangaldoi Civil Hospital in serious condition. Post mortem on the dead body of the petitioner's husband was conducted on 14-7-1999 at about 3 p.m. and thereafter handed over the dead body to his family members for burial. It is contended that the petitioner's late husband was a rickshaw puller and was the only bread winner of his family. On account of death of Jabed Ali for police atrocities, the villagers of Gariapara village on 14.7.1999 submitted a representation before the Deputy Commissioner, Darrang that Late Jabed Ali, husband of the petitioner died as a result of assault by police personnel, who went to the house of the petitioner under the supervision of Md. Jalil Ali, Sub- Inspector of Police, Mangaldoi Police Station and requested an enquiry against the police personnel who resorted to assault on Jabed Ali. Thereafter, the petitioner herein also on 16.7.1999 submitted an application before the Deputy Commissioner, Darrang informing inter alia that on 13.7.1999 at about 2 p.m. her husband Jabed Ali and brother-in-law Tamzid Ali were arrested by police personnel who had been to their village under the supervision of Md. Jalil Ali, Sub-Inspector of Mangaldoi Police station in connection with Mangaldoi P.S. Case No. 54 of 1998 and in the process her husband and her brother-in-law were mercilessly beaten by the police personnel, as result of such beating both sustained injuries on their person and her husband while under police custody died at Mangaldoi Civil Hospital while under going treatment. Her brother-in-law Tarzid Ali was, however, admitted in the Mangaldoi Civil Hospital in serious condition. The petitioner, therefore, requested the Deputy Commissioner to make an enquiry for her husband's death during the police custody at Mangaldoi Civil Hospital. However, on her representation application no action was taken by the Deputy Commissioner, forthwith. It would be apposite to state at this stage that the petitioner through her representation also claimed compensation on account of death of her husband in police custody due to police atrocities. Having not provided with compensation on account of death of her husband, her husband's elder brother Md. Mansur Ali, submitted a representation before the Human Rights Commission, Assam narrating the facts on 18.7.1999. Said Md. Mansur Ali also submitted an application on 31.7.1999 before the Chief Judicial Magistrate, Darrang intimating the death of his younger brother, Jabed All while in police custody at Mangaldoi Civil Hospital on 13.7.1999 and requested to provide him with a copy of the post mortem report. It is also contended by the petitioner that as per direction of the Chief Judicial Magistrate, Darrang a copy of the post mortem report was supplied to them wherefrom discovery of some injuries by the doctor conducting the autopsy on the dead body of Late Jabed All has been indicated. The post mortem report indicates discovery of 8(eight) numbers of injuries on the dead body of Jabed Ali. It is contended that discovery of the injuries on the dead body of Jabed Ali indicates inhuman physical torture on Jabed Ali while was in police custody, which resulted in his death.

2. On 13.1.2000 a notice