JUDGMENT :

UJJAL BHUYAN, J.

1. Heard Mr. R. Doley, learned counsel for the petitioner and Mr. R. Dhar, learned Govt. Advocate, Assam for respondent Nos. 1, 2 & 3. Also heard Ms. R. Devi, learned Central Government Counsel for respondent Nos. 4 to 7.

2. Petitioner in this case is Musstt. Manowara Begum.

3. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to pay adequate compensation to her for the killing of her son Md. Samir Khan by personnel belonging to Central Reserve Police Force (CRPF) and Assam Police. An alternative prayer has been made to handover investigation of the case to the Central Bureau of Investigation. Further prayer made is for monitoring of investigation of the case by this Court.

4. Case of the petitioner is that she is the mother of Md. Samir Khan. At the time of his death, he was aged about 22 years and was a college student. It is stated that Samir Khan was an innocent fun loving youth without having any criminal antecedent. He was a student of Arya Vidyapeeth College, Guwahati. Apart from Samir Khan, petitioner has three daughters.

5. On 01.11.2001 at about 11:30 p.m., petitioner's son Samir Khan alongwith his friends numbering 12 were moving around in a group on scooters visiting different mosques in Guwahati city on the pious occasion of Sabebarat. The group was on their way to Burah Masjid located at Ambari when they were intercepted at a police check point at Zoo Tiniali, Guwahati which was jointly manned by personnel of CRPF and Assam Police from Geetanagar Police Station, Guwahati. Samir Khan was dressed in kurta pajama and had stopped his scooter at the interception. However, the CRPF personnel manning the check point fired at him which hit his abdomen as a result of which he fell down from the scooter and started bleeding profusely. Samir Khan was taken to Gauhati Medical College and Hospital in a police vehicle. After about 1 hour he was declared dead at about 1:15 a.m. on 02.11.2001. After carrying out post-mortem examination, the dead body of Samir Khan was handed over to the family for performing burial rites.

6. On 02.11.2001 Havildar R.B. Singh of CRPF filed FIR before Geetanagar Police Station stating that at around 12:00 mid night 6 persons riding on scooters came from Dispur side at high speed. When they reached Zoo Narengi Tinali, they were signaled to stop by the police personnel at the check point but instead of stopping their scooters they only increased their speed and tried to flee away which led to firing in which one person was fatally injured. On the basis of the said FIR, Geetanagar Police Station Case No. 110/2001 was registered under Sections 353/307/34 IPC.

7. On 03.11.2001, husband of the petitioner Md. Siraj Khan lodged FIR before Geetanagar Police Station about the death of his son on the basis of which Geetanagar PS Case No. 111/2001 was registered under Section 302 IPC. The killing of petitioner's son in such a manner caused hue and cry in the city leading to public demonstrations and protest. It is stated that Hon'ble Chief Minister and other Ministers had visited the family and assured help. Likewise, senior officials of CRPF and Assam Police also assured help to the family.

8. On 02.11.2001 itself District Magistrate, Kamrup had directed Sri R.P. Das, Sub-Divisional Magistrate, Guwahati to hold an enquiry into the incident of killing of petitioner's son by CRPF personnel on the mid night of 01.11.2001. It is stated that the magisterial enquiry concluded that petitioner's son was killed by CRPF personnel in an unjustified manner vide the enquiry report dated 17.11.2001. Enquiry report also identified the security personnel manning the check point on the fateful night who had killed petitioner's son.

9. Though FIR was lodged immediately after the incident on 03.11.2001 there was no progress at all in the investigation of the case. In the meanwhile husband of the petitioner who used to work as a clerk in a t