Compensation under public law is a remedy for infringement of fundamental rights, emphasizing state accountability for actions leading to injury.

1. Heard Mr. S. K. Singh, learned Senior Counsel assisted by Mr. A. Ganguly, learned counsel for the petitioner. Also heard Mr. A. Bhattacaharya, learned State counsel for the respondent Nos.1 and 2; Ms. S. Baruah, learned State counsel for respondent Nos. 3, 4 and 5 and Mr. S.S. Roy, learned counsel for respondent No.8.

2. By filing this writ petition, the petitioner has prayed for a high - level enquiry to enquire into the gunshot / bullet injury suffered by the petitioner at Porua Chariali, Tezpur on 20.04.2017 and also claiming appropriate compensation including all cost of future treatment to the petitioner for the injury suffered by the petitioner due to police firing on 20.04.2017.

3. The petitioner suffered a serious bullet injury during an incident of police firing on 20.04.2017 at PoruaChariali in Tezpur when the Assam Police open fire to disperse a violent protestors which had gathered to protest the death of a person in a road accident.

4. The brief facts leading to the filing of this present petition are that on 20.04.2017 at around 8.00 pm, there was a road accident at PoruaChariali in Tezpur on NH - 37 which resulted in the death of one Md. Masum Ali alias Masim Ali. A large number of local people gathered at the spot and began to protest because the PoruaCharialihad become an accident - prone area and many persons had lost their lives due to the reckless and speedy driving of the vehicles.The protesters attacked the vehicles passing through the spot and also attacked the police from the nearby Mahabhairab police outpost, which reached on the spot soon thereafter.

5. The petitioner is the owner of a garage near Mahabhairab police outpost, a little distance from the accident site. After closing the wielding garage while he was returning home, he stopped after noticing the protest by the people at PoruaChariali. Along with one Sri DulGoswami, the petitioner tried to pacify the crowd, as the protests were taking on a violent and communal colour. Unfortunately, all of a sudden, the petitioner was struck by a bullet on his back and had fell down. It is contended that at that moment, one police personnel had also hit the petitioner with a lathi, even though petitioner pleaded that he was struck by a bullet.

6. The petitioner was taken to Kanaklata Civil Hospital (KCH) at Tezpur but the doctors present express inability to treat a patient having gunshot injuries and after discharging, he referred the petitioner to Tezpur Medical College and Hospital (TMCH) for treatment as he was required specialized surgery immediately. The family members of the petitioner reached there and took him to the EMM Hospital, Tezpur. The doctors also suggested that the petitioner be taken to Guwahati for treatment and also warned them that the petitioner may not survive considering the long distance journey to Guwahati in that condition.

7. Thereafter the Superintendent of Police, Tezpur reached at the hospital and he told the petitioner's family members that he would arrange for a police escort and take the petitioner to Guwahati. However, the brothers of the petitioner refused to take him to Guwahati and informed the Superintendent of Police, Tezpur that they will take the petitioner to the 155 Base Hospital, Tezpur, a military hospital near Mission Chariali, Tezpur, which was agreed to by the Superintendent of Police, Tezpur and took both the petitioner and the treating doctors from Tezpur Medical College to the 155 Base Hospital, Tezpur. The doctors at the military hospital took immediate steps for surgery of the petitioner and the Superintendent of Police, Tezpur has assured the petitioner's family that he woul