Violation of Article 21 of the Constitution and entitlement to compensation for loss of lives

Heard Mr. P. K.R. Choudhury, learned counsel for the petitioners. Also heard Mr. K. C. Mahanta, learned Standing counsel appearing for the State Respondents.

2. By means of this writ petition presented under Article 226 of the Constitution of India, the petitioners have sought for a direction from this Court to hold an enquiry to be conducted by the Central Bureau of Investigation and to submit its report and thereupon to award adequate compensation for the death of their relatives namely-Som Murmu, husband of the petitioner No. 4, Smti. Tolamoy Hembram, daughter of the petitioner No. 3, Renta Soren, son of the petitioner No. 2 and Smt. Baha Baskey, daughter of petitioner No. 1 who were killed in the police firing that took place in Kachugaon Adivasi Relief Camp on 7.5.98.

3. This Court by order dated 19.1.05, taking note of non filing of the affidavit by the Govt. since 2002, directed the learned District Judge Kokrajhar to hold an enquiry into the matter and submit a report within four months.

4. In compliance of that order, the learned District Judge, Kokrajhar held an enquiry and submitted his report dated 1.12.05 with the finding that all those persons namely-Som Tudu, Renta Soren, Baha Baskey and Tolamoy died in the police firing but the respondents failed to prove that the police personnel resorted firing to control the situation under an Executive Magistrate Mr. N.A.Ali.

5. Be it noted that both the girls namely Late Tolamoy Hembram and Late Baha Baskey were aged about 12 years and 8 years respectively at the time of their death.

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

ENQUIRY REPORT OF MISC. (E) No. I/ 2005

Ref.:-WP (C) No. 5794 of 2002 Sri Pradhan Baskey & 3 others ...Petitioner

Vs.

The State of Assam & 6 others ...Respondent Present: B. K. Sarma, M.A. LL.B. Enquiry Officer, Cum-District & Sessions Judge, Kokrajhar.

This enquiry was directed by the Hon'ble Gauhati High Court vide its Order dtd. 19.1.05 in connection with WP (C) No. 5794 of 2002 and directed this court to hold an enquiry into the matter and to submit report within a period of four months.

After receiving the said order, notice issued to both the parties and O.P. No. 1,2,3,4,5 and 7 appeared filed Written Objection and enquiry was held against to O.P. No. 6 ex-parte as O.P. No. 6 did not appear and notice could not be served upon him for want of proper address.

The fact of the petitioners case in brief is that in the year 1996 an ethnic clash broke out in the Kokrajhar district between the Bodo and Adivasis communities. As a result of such ethnic clash a large scale riot took place where a large number of people lost their lives, houses were set ablaze, life and liberty of people residing of Adivasis people had to flee their place of living and took shelter into the Relief Camps started by the District Administration and petitioners with their deceased family members were living in the Relief Camp at Kochugaon.

Although the relief camp were set by the Govt. with assurance of giving adequate relief, the inmates of the camps were not distributed material timely and properly which are the minimum requirements of livelihood inspite of repeated assurance by the Govt. such in human treatment meted out to the inmates of the camps were time to time brought to the notice of the Deputy Commissioner, Kokrajhar and other dignitaries who visited relief camp but without any result. In the last part of 1998 when materials of the relief camp were not supplied in the Kochugaon Adivasi relief camp, the matter was brought to the Deputy Commissioner, Kokrajhar and the D.C. Kokrajhar deputed one Shri N.A. AH, Executive Magistrate to take step of the situation. Then Sri N.A. Ali come to Kochugaon Adivasi relief came on 7.5.98 along with a police party. When Magistrate asked the problems of the inmates, the inmates of the relief camp appeared before