Compensation is warranted when state authorities fail to protect individuals' fundamental rights, especially in cases of extrajudicial killings or custodial deaths.

JUDGMENT :

Rajesh Mazumdar, J.

Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate for the State respondents and Mr. B. Deka, learned CGC for the Union of India.

The present writ petition has been filed by the petitioner who claims to be the brother of one Ratan Narzary, who was killed in an encounter with the police authorities on 28.12.2016. The prayers, which have been pressed during hearing of the writ petition are for entrusting the investigation into the unnatural death of the brother of the petitioner to an impartial and neutral agency and for an enquiry by the concerned District and Sessions Judge and also for payment of compensation to the family of the deceased for causing the death of the brother of the petitioner while in custody.

At the outset, it is important to note that while the Writ petition was initiated on the premise that the brother of the petitioner had been illegally taken into custody by the state authorities and thereafter had been put to death, the case projected by the respondents is that the brother of the petitioner was killed in an ambush laid by the state authorities when he was trying to deal illegally in arms and ammunition with underground militant outfits.

Case projected in the writ petition.

2. As per the projection made in the writ petition, the deceased Ratan Nazari was a cultivator by profession who resided in the District of Chirang and his family consisted of his wife and three children. On the early hours of 28.12.2016, the wife of the deceased was informed that her husband had been killed by the Indian Army in a fake encounter at a place under the jurisdiction of Bismuri police outpost under the Kokrajhar Police Station in the district of Kokrajhar. The family members thereafter rushed to Kokrajhar Police Station where, after completion of formalities including post mortem, the mortal remains were handed over to the members of the petitioner’s family.

3. With regard to the aforesaid incident, the In-charge of the Bishmuri police outpost, namely Sub Inspector Ritu Jyoti Nath, had lodged an FIR on 28.12.2016 before the Officer-in-Charge of the Kokrajhar Police Station to the effect that a joint operation was led by the then Additional Superintendent of Police (Head Quarter), Kokrajhar, and comprising of the informant along with other police personnel and the 7^th Sikh Light Infantry Army personnel on 28.12.2016 at about 0130 hours in the general area of Laopani Jungle. The FIR further quoted that an ambush was laid on two strategic points. It was further quoted that at about 0520 hours, 3 or 4 suspected NDFB cadre personnel arrived with sophisticated weapons. On being asked to stop, the miscreants opened indiscriminate fire from their weapons. The police team opened retaliatory fire. After the firing had stopped, on a cautious search, a severely injured militant was found lying in the jungle while the other cadre members had managed to escape. The FIR further quoted that the injured militant was evacuated to a civil hospital in Kokrajhar, where he was declared brought dead at 0658 hours.

4. Simultaneously, the wife of the deceased lodged an FIR at about 2230 hours on 28.12.2016 before the In Charge of the Bengtol outpost which fell under the jurisdiction of Runikata Police station in the Chirang district. In the FIR, it was alleged that on