JUDGMENT :

R.M. CHHAYA, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following main reliefs:

“In the premises aforesaid, it is most respectfully prayed that Your Lordships may be pleased to admit this petition, call for the records and issue a writ in the nature of Certiorari calling upon the respondents to show cause as to why the impugned inhuman action of the respondents killing the two youths viz. Deep Moran @ Deepjyoti Chutia and Anupam Moran @ Nagamen (a minor) in cold blood by the Indian Army shall not be declared illegal and unconstitutional and without any authority of law and/or as to why a writ in the nature of Mandamus shall not be issued directing the respondents to produce Post Mortem report and Inquest report and for institution of Judicial Enquiry and/or investigation by an agency such as the Central Bureau of Investigation (CBI) Or a judicial enquiry to enquire/ investigate in to the killing of the two deceased viz. Deep Moran @ Deepjyoti Chutia and Anupam Moran @ Nagamen (a minor) by the Assam Rifles along with other relevant issues that may be referred to during such enquiry/investigation and/or and on cause/ causes being shown and upon hearing the parties may be pleased to make Rule absolute and pass appropriate orders for prosecution of the offending personnel of the Assam Rifles vis-a-vis the concerned State Police personnel and further give directions including grant of adequate compensation/exemplary cost to the family members of the deceased and/or pass such order/orders as Your Lordships may deem fit and proper under the facts and circumstances of the case.”

2. It is the case of the petitioners that the petitioner No. 1 is the mother of one Deep Moran @ Deepjyoti Chutia and the petitioner No. 2 is the mother of one Anupam Moran @ Nagamen. According to the petitioners, both their sons are deceased. It is further the case of the petitioners that both the deceased persons were lastly seen at Makum Town on 07.12.2016 along with 14/15 boys. It is the case of the petitioners that on 14.12.2017, they came to know through TV news channels that Deep Moran @ Deepjyoti Chutia and Anupam Moran @ Nagamen were shot dead and 6(six) others were apprehended by the police authorities on the allegation that they belong to ULFA cadre. It is the case of the petitioners that one Jintu Gogoi and Lakhi Gogoi from the neighbouring village took the deceased persons and few others on the pretext of sightseeing and kept them in Miao. According to the petitioners, they have learnt that they used to hire innocent youths from the villages to recruit in ULFA.

3. As per the record, an FIR was lodged with Barekuri Police Station on 15.12.2016 by the petitioner No. 1 and another FIR was lodged by the husband of the petitioner No. 2 at Bordumsa Police Station on 20.12.2016.

4. According to the petitioners, an Executive Magistrate level inquiry was declared by the Government. According to the petitioners, one Muhindra Phukan, who was apprehended with the deceased persons, has declared on oath that Lakhi Gogoi and Palash Moran came to his residence and offered him a job at Rs. 7,000/- per month with free food and accommodation at Dibaan, Arunachal Pradesh and that they were kept at Miao at some local person’s house. It is the case of the petitioners that as per the version of Muhindra Phukan, on 14.12.2016 at about 11:45 A.M. the personnel of Assam Rifles surrounded the house and started firing without any provocation in which both the deceased were shot dead. It is the case of the petitioners that both the persons were killed without any rhyme and reasons by the Assam Rifles in inhuman manner. It is, therefore, contended that both the youths were killed in an inhuman, unprovoked and cold blooded manner. It is contended that the exercise of powers under Armed Forces Specia