JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. K.R. Patgiri, learned counsel for the petitioner, Mr. S.C. Keyal, the A.S.G.I., and Mr. R. Dhar, Addl. Sr. Govt. Advocate for the respondents.

2. The petitioner has projected that her husband, namely, Ratneswar Brahma was killed by the Army and, as such, prayer for constituting a judicial enquiry and for awarding monetary compensation of Rs. 20.00 lakh has been made in this writ petition filed under Article 226 of the Constitution of India.

3. The case projected by the petitioner, in brief, is that her husband was doing book-store business for his livelihood. On 26.06.2015 at about 10.30 p.m. some army personnel belonging to 7 Sikh Light Infantry (Sikh LI for short) Regiment stationed at Panbari Camp had picked up the petitioner for no reason. As her husband did not return home even by the next morning, the petitioner made search, but could not get any information. However, on 28.06.2015, the petitioner was informed that her husband was admitted in Lower Assam Hospital, Bongaigaon in a serious condition, where he was declared dead at about 3.00 p.m. Thereafter, the petitioner with other villagers came to the police station and accordingly, Bijni P.S. Case No. 194/15 under Section 302/34 IPC was registered against Major Nitin, Captain Naresh and troops of 7 Sikh LI Regiment stationed at Panbari Camp. It is projected that from the post mortem report it can be observed that the husband of the petitioner was brutally tortured in his chest and abdomen, resulting in his death. It is projected that after huge public out-cry against the brutal murder, the Deputy Commissioner, Chirang, by an order dated 28.06.2015, directed an enquiry and accordingly, the S.D.O. (Civil), Bijni conducted the enquiry in his office. The petitioner has also projected that no ex-gratia compensation has been made till the date of filing of the writ petition despite proposal forwarded to the Government by the Deputy Commissioner, Chirang.

4. The learned counsel for the petitioner has made his submissions on the basis of case projected in the writ petition alleging brutal killing of the husband of the petitioner by army. He has also referred to the Inquiry Report dated 12.04.2019 of the learned District Judge, Chirang, and to the copy of the examination-in-chief and cross-examination of 20 witnesses. It is specifically submitted that while conducting search, there was no Assam Police personnel present, which was in violation of the guidelines framed for army operation in the State. In support of his submissions, the learned counsel for the petitioner has cited the following case citations, viz., (i) Rudul Sah Vs. State of Bihar & Anr., (1983) 4 SCC 141; (ii) Nilabati Behera Vs. State of Orissa & Ors., (1993) 2 SCC 746; (iii) D.K. Basu Vs. State of W.B., (1997) 1 SCC 416; (iv) Naga People's Movement of Human Rights Vs. Union of India, (1998) 2 SCC 109; (v) Sube Singh Vs. State of Haryana & Ors., (2006) 3 SCC 178; vi) Re: Inhuman Conditions in 1382 Prisons, (2017) 10 SCC 658; (vii) Thokchom (O) Roshini Devi Vs. State of Manipur & Ors., 2019 (2) GLT (MN) 596 (DB).

5. Per contra, the learned A.S.G.I. has made his submissions to exonerate the armed forces from the allegations of committing excesses or brutality. It is submitted that on 26.06.2015, intelligence inputs was received regarding presence of weapons with a Bedai Group of N.D.F.B. (S) over-ground worker. Accordingly, after obtaining instructions from the Commanding Officer, an operation by a Quick Reaction Team was done under Major Nitin C. Nambiar in the night. After reaching the village, the house of petitioner was cordoned off and upon knocking on the gate, Ratneswar Brahma came out, who was identified by the Intelligence JCO. He was apprehended and taken into custody. After moving some distance in the army vehicle, it developed some mechanical problem and while the army personnel were pushing the vehicle, the petitioner's husband jumped out of the vehicle and sta