Case Note & Summary
The case arises from the death of Someswar Gayari alias Sombrom, who was allegedly taken into custody by army personnel of the 8th Madras Regiment on 26 August 2003 and later died in an encounter on 30 August 2003. His widow, Junu Gayary, filed a writ petition under Article 226 of the Constitution before the Gauhati High Court seeking a judicial inquiry and compensation. The High Court directed the District & Sessions Judge, Bongaigaon, to conduct an inquiry. The District Judge's report concluded that the deceased was picked up by army personnel, remained in army custody, and was killed while in custody, with an attempt to portray it as an encounter. Based on this report, the High Court directed registration of a criminal case under Section 302 IPC and investigation by the CBI, and awarded Rs. 3 lakhs compensation for violation of Article 21. The Union of India and others appealed to the Supreme Court. The Supreme Court upheld the High Court's order for CBI investigation, finding no reason to interfere. It enhanced the compensation to Rs. 5 lakhs under Article 142, to be deposited with the High Court within four weeks. The Court also directed the CBI to conclude the investigation expeditiously and, following the precedent in General Officer Commanding v. CBI, laid down the procedure for trial by criminal court or court martial after charge sheet.
Headnote
A) Constitutional Law - Right to Life - Article 21 of the Constitution of India - Custodial Death - The deceased was picked up by army personnel and died in custody; the court held that there was a violation of Article 21 and directed CBI investigation and compensation. (Paras 2.5, 5) B) Criminal Procedure - Investigation - Section 302 of the Indian Penal Code, 1860 - The High Court directed registration of a criminal case for murder and CBI investigation based on a District Judge's report that the deceased was in army custody and killed. (Paras 2.4, 4.1) C) Compensation - Constitutional Remedy - Article 142 of the Constitution of India - The Supreme Court enhanced compensation from Rs. 3 lakhs to Rs. 5 lakhs for the widow, to be deposited with the High Court. (Para 5) D) Military Law - Trial - General Officer Commanding v. CBI, (2012) 6 SCC 228 - The court directed that after charge sheet, the army authority shall decide within 8 weeks whether trial will be by criminal court or court martial. (Para 7)
Issue of Consideration
Whether the High Court was justified in directing CBI investigation into the death of Someswar Gayari and awarding compensation for violation of Article 21.
Final Decision
The Supreme Court dismissed the appeals, upheld the High Court's direction for CBI investigation and registration of a case under Section 302 IPC, enhanced compensation from Rs. 3 lakhs to Rs. 5 lakhs to be deposited within four weeks, and directed expeditious investigation and trial in accordance with the procedure in General Officer Commanding v. CBI.
Law Points
- Article 21 of the Constitution of India
- Section 302 of the Indian Penal Code
- 1860
- Article 142 of the Constitution of India
- Article 226 of the Constitution of India
