JUDGMENT

P Sathasivam J:

[1] Narmada Bai, the petitioner herein, mother of Tulsiram Prajapati, the deceased, who, according to her, was killed on 27 December 2006/28 December 2006 in a fake encounter by respondents 6 to 19, who are the officials of Gujarat and Rajasthan Police, somewhere on the road going from Ambalimal to Sarhad Chhapri, has filed the above writ petition under art 32 of the Constitution of India praying for issuance of a writ of mandamus or in the nature thereof or any other writ, order or direction directing the Central Bureau of Investigation (in short "CBI") to register a first information report (in short "FIR") and investigate into the fake encounter killing of her son and submit its report to this court. In the same petition, she also prayed for compensation for the killing of her son in a fake encounter thereby causing gross violation of arts 21 and 22 of the Constitution.

Case Of The Writ Petitioner

[2] According to the petitioner, she is 55 year old illiterate widow. Her younger son had been done away by respondents 6-19 in a fake encounter with the ulterior intent to shield themselves in the investigation emanating under the directions of this court in Rubabbuddin Sheikh v. State of Gujarat^[1]. She came to know through local persons about the fake encounter and killing of Sohrabuddin and his wife Kausarbi and the directions of this court in that case. On being informed about the said incident, she approached this court for directions to register an FIR into the fake encounter killing of her son Tulsiram Prajapati and investigation by an independent agency, like CBI and for submission of its report to this court for further action. According to the petitioner, the fake encounter killing of her son is directly connected to the case of Sohrabuddin and his wife Kausarbi as he would have been a material witness to the said killings.

[3] It is further stated that her son Tulsiram Prajapati while lodged in Central Jail, Udaipur, had addressed a letter dated 11 May 2006 to the Collector, Udaipur informing him about the life-threatening attack carried out on him in Udaipur Central Jail on 25 March 2006, when he was beaten up with iron rods and lathis by the co-prisoners. He expressly wrote that there was conspiracy to kill him along with two others and also named the persons who were behind the conspiracy and requested that the incident be investigated and his life be protected. Thereafter, on 18 May 2006, the deceased also addressed a letter to the Chairman, National Human Rights Commission (in short "NHRC") alleging that there was conspiracy among the police officials of Gujarat, Rajasthan, Maharashtra, etc. to do away with him in a fake encounter by cooking up a false story of running away from custody. In the said letter, the deceased specifically requested that his security be ensured whenever he is taken on remand. In the same letter, he also mentioned that the Gujarat Crime Branch and the Anti-Terrorist Squad (in short "ATS") were very notorious for staging fake encounters. NHRC acknowledged the receipt of the said letter and forwarded a copy to the Superintendent of Police, Udaipur, Rajasthan vide letter dated 22 June 2006.

[4] Thus, from March 2006, the deceased had been expressing serious apprehensions and threat to his life at the hands of the police. The deceased had reasons to believe that Mr Dinesh Kumar, Superintendent of Police, respondent 8, had taken a huge sum of money from the marble traders and dealers in Rajasthan with the assurance that he would do away with him in a fake encounter. Before he being interrogated by Ms Geeta Johri, an officer investigating the matter of fake encounter killing of Sohrabuddin and his wife Kausarbi, in the night intervening 27 December 2006/28 December 2006, Tulsiram Prajapati was done away in a fake encounter by respondents 6-19.

[5] Quoting from certain newspaper reports, more particularly, The Times of India dated 29 December 2006, the petitioner has alleged th