Pay compensation: Gauhati High Court to government

STAFF REPORTER

GUWAHATI: The Gauhati High Court has directed the Union of India to provide compensation of Rs 4 lakh each to the mothers of two alleged United Liberation Front of Asom (ULFA) cadres who were killed by the Assam Rifles personnel while exercising their power under Armed Forces Special Powers Act.

A writ petition (WP (CRL) No.9 of 2017) had been filed in Gauhati High Court by Bohagi Chutia, mother of Deep Moran @ Deepjyoti Chutia; and Hemodi Moran, mother of Anupam Moran @ Nagamen. The petitioners claimed 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 six others were apprehended by the police authorities on the allegation that they belong to the ULFA.

As per the statement of one of the persons who was apprehended along with the deceased persons, they all were kept in a local person’s house at Miao. On 14.12.2016 at about 11:45 AM, the personnel of Assam Rifles surrounded the house and started firing without any provocation in which both the deceased were shot dead. The petitioners stated in the writ petition that both the persons were killed without any rhyme and reason by the Assam Rifles in inhuman manner and that the exercise of powers under the Armed Forces Special Powers Act (AFSPA) in such a manner is violative of Articles 21 and 22(5) of the Constitution of India.

The respondent, Assam Rifles, in their affidavit contended that an operation was launched by 13th Assam Rifles, Miao ‘Coy’ on 14.12.2016 on specific inputs from their own sources regarding presence of ULFA(I) militants in the general area of Dharmapur-I. It was further contended that the suspected houses were put under surveillance and two cadres of ULFA(I) tried to break the cordon and escape and even though the Assam Rifles party challenged the fleeing cadres, they did not stop and because of which the Assam Rifles party opened fired, wherein the deceased persons were killed.

With regard to alleged incident, the government ordered magisterial enquiry which was carried out by the Judicial Magistrate, First Class, Miao, District Changlang, Arunachal Pradesh, who by his final report dated 25.05.2017, recorded that nothing adverse was found against the security forces.

Earlier during the pendency of the writ petition, a co-ordinate bench of the High Court vide order dated 23.03.2021 ordered for an enquiry by the sitting District Judge to reach to the truth of the matter. The division bench of Chief Justice RM Chhaya and Justice Soumitra Saikia observed that as per the report submitted by the District Judge, about 11 boys and girls were assembled and were to cross over to Myanmar to join ULFA and Assam Rifles open fired during the operation on 14.12.2016 for the purpose of preventing the deceased from escaping after both accused were asked by the Assam Rifles to stop. The court stated, “Thus, in totality of the facts, as per the pleadings on record, it clearly transpires that both the deceased were asked by the Assam Rifles to stop. However, they tried to flee because of which the Assam Rifles open fired.”

The court directed the competent authorities who are investigating the FIRs filed by the petitioners to investigate the same in accordance with law as expeditiously as possible. The court further stated, “In totality of facts and in facts of this case, investigation by Central Bureau of Investigation (CBI) or any other Agency is not required as mentioned hereinabove. The learned District & Sessions Judge, Dibrugarh has threadbare inquired the matter. However, the fact remains that two young youths have lost their lives in firing and the petitioners as their kith and kin would be entitled to appropriate compensation. At this juncture, it would be appropriate to note that the Government of Assam vide Notification dated 18.03.2012 issued under Section 357 of the Code of Criminal Procedure have provided compensation of Rs 2,00,000 in case of death.

Following the ratio laid down by the Apex Court in the cases of People’s Union for Civil Liberties & Anr. -Vs- State of Maharashtra & Ors., reported in (2014) 10 SCC 635; Naga People’s Movement of Human Rights -Vs- Union of India, reported in (1998) 2 SCC 109 and this Court in Robindra Nath Chetia -Vs- Union of India & Ors., reported in 1994 (2) GLR 359; Lileswar Moran -Vs- Union of India, reported in 2014 (4) GLT 1044, the court decided that Rs 4 lakh compensation would be paid to each of the petitioners.

While disposing of the writ petition, the court stated that the Union of India would pay Rs 4 lakh as compensation to each of the petitioners within a period of one month.

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