2.1 It was the case on behalf of the original writ petitioner that when her deceased husband was at his relatives house at village Koilamaila under Bijni Police Station, he was taken away to Bhabanipur Army Camp by the personnel of 8 th Madras Military Regiment at about 300 a.m. on 26.08.2003 and thereafter his whereabouts were number known until she was informed by the Officer Incharge of Amguri Police Outpost informing her that her husband had died on 30.08.2003 in an encounter with army near Bhabanhipurgaon.
The stand taken by the original respondents in their affidavit was that numbercivilian as such was brought to Bhabanipur Army Camp as claimed by the original writ petitioner.
Thereafter, holding necessary enquiry and giving opportunity to all companycerned and after examining the companycerned witnesses and on appreciation of the entire material available on record, the learned District Sessions Judge submitted its report holding that the deceased Someswar Gayari was picked up from the house of Dilbahadur Chetry by army personnel in the night that followed the day of 26.08.2003.
2.3 That vide order dated 4.4.2005, the High Court directed the learned District Sessions Judge, Bongaigaon to hold an enquiry with regard to the circumstances leading to the disappearance and death of the original writ petitioners husband, Someswar Gayari.
Junu Gayary, a young widow of deceased Someswar Gayari alias Sombrom filed a writ petition before the High Court under Article 226 of the Constitution of India for an appropriate writ, directions or order against the appellants herein Signature Not Verified Digitally signed by JAYANT KUMAR ARORA Date 2019.07.31 164329 IST Reason the original respondents directing them to institute a judicial enquiry into the cause and the persons responsible for the death of her husband Someswar Gayari alias Sombrom.
Feeling aggrieved and dissatisfied with the impugned judgment s and order s passed by the High Court, the appellants herein original respondents Union of India and others have preferred the present appeals.
That the respondent herein Smt.
The High Court also directed the learned District Sessions Judge to issue appropriate numberice to all the parties and provide them an opportunity of hearing in the matter.
The High Court directed the learned District Sessions Judge to submit the report.
Upon appreciation of both direct and circumstantial evidence, the learned District Sessions Judge came to the companyclusion that the deceased was in the custody of the Indian Army since the time of his picking up by the army till the time of production of the dead body and handing over the same to the police in the police station.
1 and 3 Union of India and Commandant, 8th Madras Regiment to pay Rupees three lakhs to the original writ petitioner by way of companypensation for the death of the deceased Someswar Gayari.
They took the specific stand that the husband of the writ petitioner was killed in an encounter, which took place at about 350 hrs on 30.08.2003.
2.2 The writ petition was opposed by the appellants herein the original respondents.
Further directions were also sought for companypensation of rupees six lakhs to her and her family for their survival.
9709/2003, by which the High Court has directed for CBI investigation with respect to the death of one Someswar Gayari alias Sombrom, as also, dismissal of review petition vide order dated 5.12.2008, the original respondents Union of India and others have preferred the present appeals, by way of special leave petitions.
R. SHAH, J. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 9.6.2006 passed by the Gauhati High Court in Writ Petition C No.
