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1997 Supreme(Gau) 137

J.N.SARMA
Hemchandra Kalita – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
K.H.Choudhary, Kumar Dipak Das, J.M.Choudhary, N.Zaman

This writ application has been filed claiming compensation, for killing one Dulal Kalita (the brother of the petitioner) by the police personnel on 23.5.95 at Village Mathpara under Ghhay gaon Police Station. Dulal Kalita was a graduate and he was studying LLB at Goalpara College. He was aged about 28 years at the time of death. At the time of his death he left his old parents and other members of the family including the petitioner. It is stated in this writ application that Dulal Kalita was killed by the police personnel in a brutal manner and it is stated that it is a cold blooded murder and it is further stated that after Dulal Kalita was injured at the police firing no adequate treatment was given and as a result Dulal Kalita died. It is alleged that the killing of Dulal Kalita is in violation of human rights and it is also violative of Article 21 of the Constitution of India. Two prayers have been made in this writ application :

(i) To appoint a Commission of inquiry under the appropriate Act and to hold an inquiry into the incident of killing of Dulal Kalita

(ii) To pay a sum of Rs.5,00,000 (five lakhs) to the members of the family of deceased Dulal Kalita as compensation for

























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