The violation of Article 21 of the Constitution and responsibility for police firing led to the entitlement to compensation.

A.H. Saikia, J.

1. Heard Mr. A. Rashid, learned Counsel for the Petitioner. Also heard Mr. K.C. Mahanta, learned State counsel appearing for the State Respondents.

2. By means of this writ petition presented under Article 226 of the Constitution of India, the Petitioner has sought for a direction by way of a writ of or in the nature of Mandamus to the State-Respondents to pay compensation due to the killing of her husband namely Romij Uddin Barbhuiya in police firing at Silchar due to the fact that one student namely Abdul Hasim Mazumdar @ Liblu Mazumdar of Soidpur Part-1 died because of accident caused by a 407 Bus for which the students of the locality launched a picketing on 12.9.2000 near the shop of Rahim demanding for construction of a speed break. Subsequently the police personnels headed by one Sri Pabitra Barman O/C, Silchar Police Station with armed CRPF came on the spot and restored to lathi charge. Eventually firing was ordered due to which the Petitioner's husband received bullet injury and was sent for treatment at Silchar Medical College and thereafter at Guwahati Medical College & Hospital. Ultimately he succumbed to his injury.

3. This Court by order dated 21.11.2003, after, hearing the learned Counsel for the parties and also taking into account the seriousness of the matter, directed the learned District & Sessions Judge, Cachar at Silchar to hold an enquiry and to submit report thereof.

4. In compliance of that order, the learned District Judge, Silchar took the matter for enquiry, appreciated the materials evidence so produced before him both oral as well as documentary and after completion of the enquiry submitted his report dated 6.7.2004.

5. It would be necessary and expedient to refer to the enquiry report dated 6.7.2004 submitted by the learned District Judge and the same may be reproduced as under:

JUDICIAL INQUIRY CASE No. 20 F 2003

(Judicial Inquiry in connection with death of one Romij Uddin Borbhuiya)

REPORT

In connection with W.P. (C) No. 3003/03, the Hon'ble Gauhati High Court vide order dtd. 21.11.03 asked the District & Sessions Judge, Cachar, Silchar, to make judicial inquiry in connection with killing of one Romij Uddin Borbhuiya in police custody on 12.9.2000, with a direction to cause an inquiry into the incident of alleged death of the above mentioned deceased by giving reasonable and adequate opportunity of hearing to all the interested parties.

In connection with this inquiry 16 (sixteen) persons could be sorted out as interested in the matter. They are Musstt. Saira Begum Borbhuiya, W/o Late Romij Uddin Borbhuiya, Majib Uddin Borbhuiya, Mojahid Islam, Assam Uddin Laskar, Bau Uddin, Rofique Uddin Laskar, Samsur Uddin Laskar, Ain Uddin Laskar, Ajijur Rahman (Reserve Officer, Silchar Police Station), Dipan Paul (S.I. of Police attached to Rongpur P.P.), Khitindra Kr. Deb (S.I. of Police, Silchar Police Station), Pabitra Barman (P.I., Silchar IMDT), Gyanendra Ch. Paul (Retd. City Inspector), Abdul Hai Choudhury (S.I. of Police at Katigorah), Samsul Alom Borbhuiya (Retd. Police Inspector), Partha Sarathi Das (S.B., South Zone, Silchar). All these persons have been examined as witnesses.

On examination of these witnesses it appears to me that the death of Romij Uddin Borbhuiya revolves around the death of a student one Abdul Hasim Mazumdar on 11.9.2000 due to road traffic accident that took place in front of Rohim's shop situated at N.H. 54 at Soidpur.

For the death of this student there was road blockade on 12.9.2000 called by the students. As per programme the students blocked the road on 12.9.2000. Romij Uddin Borbhuiya, who was a driver by profession, was proceeding to Silchar by that road on 12.9.2000. At that time, suddenly, there was a gun fire from police to which he sustained injury and he was removed to Silchar P.S. and thereafter to Silchar Medical College Hospital. As his condition became critical, he was shifted to Gauhati Medical College Hospital, where he breathed his last.

P.W. 1