This application under Article 226 of the Constitution of India has been filed by one Robindra Nath Chetia and one Amarjyoti Barua. Robindra Nath Chetia is the father of one Krishna Chetia and petitioner No.2 - Amarjyoti Barua is the cousin of Krishna Chetia. This application has been filed praying the following reliefs against the State Govt. and the Union of India. As many as there are 9 (nine) respondents in this writ application. The reliefs sought for in the writ application are as follows :

(i) That the killing of Krishna Chetia by firing was without authority of law.

(ii) directing the respondents to immediately hold a judicial inquiry into the case and circumstances leading to the death of Krishna Chetia,

(iii) that the authority should be asked to take appropriate action against the person guilty of killing.

(iv) to pay appropriate damage for the illegal death of Krishna Chetia.

2. The brief facts are as follows : Shri Krishna Chetia in the month of March, 1991 was aged about 24 years and he was a B. Com student reading in Kanoi College at Dibrugarh. On 13.3.91 at around 10.00AM the Officer-in-charge, Namrup Police Station, Nacarup called the petitioner No. l to the police station and from the police station he was taken to the Post mortem Ward of Assam Medical College, Dibrugirh. On reaching Post Mortem Ward, the petitioner was shown by the authority a dead body and the petitioner No. 1 to his utter surprise found that the dead body was of his son. On having a look on the dead body, the petitioner No. 1 could see two bullet marks in the forehead of his son. In spite of enquiries made by the petitioner No. 1 the authority did not disclose as to how Krishna Chetia received such bullet injuries and under what circumstances. The police authority also did not disclose as to what exactly was the cause of the death of Krishna Chetia. However, the police authorities simply stated that Krishna Chetia died due to bullet injuries that he received in the hands of the Army. Thereafter, the dead body was handed over to the petitioner No- 1 and the dead body was duly cremated. After the cremation of Krishna Chetia, the Army authorities manhandled a number of persons for participation in the cremation of Krishna Chetia. The Army authorities also took a number of participants who took part in the cremation to the Army camp and tortured them. On the day of Tiloni (ritual performance on the third day) also the Army visited the parental house of the deceased and whisked away a number of persons gathered thereupon invited by the family of the deceased. Even on the Shradha Ceremony held on 24.3.91 the people were prevented from gathering at the house of the deceased.

3. That the petitioner states that the Army authorities brutally murder­ed Krishna Chetia and the fact of his receiving bullet injuries in the hands of the Army personnel was confirmed by the police and as such, the Army authorities are absolutely responsible for causing death of a citizen without disclosing any reason or ground whatsoever. In spite of his best efforts, the Army authorities did not intimate the petitioner the cause of death of Krishna Chetia. Hence, this writ application with the prayers as mentioned above.

4. An affidavit-in-oppositio i has been filed on behalf of respondents 2, 3, 7, 8 and 9. Respondent No. 2 is State of Assam, respondent No.3 is the Chief Secretary, Govt. of Assam, respondent No. 7 is Deputy Commissioner Dibrugarh, respondent No. 8 is the Superintendent of Police, Dibrugarh, respondent No. 9 is the OC, Namrup Police Station, Nimrup. This affidavit has been sworn by one Under Secretary to the Govt. of Assam, Political (A) Department It is stated in paragraph 14that statements made in this affidavit in paragraphs 1 to 7 are true to the knowledge of the deponent and the further statements in paragraphs 3 to 6 and 8 to 11 being matters of records are true to the information derived therefrom. But curiously enough no records have been produced in sup

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