UNION OF INDIA AND OTHERS versus JUNU GAYARY

Citation: [2019] 9 S.C.R. 843 · Decided: 26-07-2019 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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UNION OF INDIA AND OTHERS
v.
JUNU GAYARY
(Civil Appeal Nos. 3669-3670 of 2015)
JULY 26, 2019
[M. R. SHAH AND A. S. BOPANNA, JJ.]
Penal Code, 1860 – s.302 – Constitution of India – Art.21 –
Respondent-writ petitioner filed a writ petition u/Art.21 before the
High Court alleging that her husband was picked up by army
personnel from the house of a relative and thereafter, she was
informed by police that her husband died in an encounter with army
– High Court directed District & Sessions Judge to hold an enquiry
– District & Session Judge specifically observed that the death of
the deceased was in the hands of army and an attempt was made by
army to show the death of the deceased was in course of an
encounter – Pursuant thereto, High Court directed registration of
criminal case u/s.302 IPC and CBI to undertake investigation –
Original respondent nos. 1 and 3 were further directed to pay Rs. 3
lakhs to the original writ petitioner by way of compensation – On
appeal, held: High Court rightly directed to register a criminal case
for offence punishable u/s.302 IPC and CBI to undertake the
investigation – The findings recorded by the District & Sessions
Judge were after considering the material on record, examining
witnesses and after giving an opportunity even to the appellants –
There is a prima facie findings against the appellants – In the
circumstances, no reason to interfere with the Judgment of the High
Court – So far as compensation awarded to writ petitioner is
concerned, as there is a specific finding by District & Sessions Judge
and High Court that there is a violation of Art.21 of the Constitution
– Accordingly, compensation enhanced from Rs.3 lakhs to Rs.5
lakhs.
Disposing of the appeals, the Court
Held: 1. The High Court has rightly directed to register a
criminal case for the offence punishable under Section 302 of the
IPC with respect to the death of victim and looking to the gravity
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843
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SUPREME COURT REPORTS
[2019] 9 S.C.R.
of the offence committed the High Court has rightly directed the
CBI to undertake the investigation. For the aforesaid, the High
Court has taken into consideration the report submitted by the
District & Sessions Judge who categorically recorded that the
deceased was picked up from the house of ‘D’ by army personnel
in the night that followed the day of 26.08.2003; 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; that the
death of the deceased was in the hands of army and an attempt,
however, has been made by the army to show the death of the
deceased as if in the course of encounter between the army and
the deceased. The aforesaid findings recorded by the District &
Sessions Judge were on considering the material on record and
after examining some witnesses and after giving an opportunity
even to the appellants also. Under the circumstances, the
impugned judgments and orders passed by the High Court
directing to register a criminal case for the offence punishable
under Section 302 of the IPC and directing the CBI to undertake
the investigation do not warrant any interference. [Para 4.1] [848-
G-H; 849-A-D]
2.  Now so far as awarding rupees three lakhs by way of
compensation to the original writ petitioner is concerned, it is
required to be noted that there is a specific finding recorded by
the District & Sessions Judge and even by the High Court that
there is a violation of Article 21 of the Constitution of India. The
persons who are responsible for the death of victim shall be
ultimately investigated by the CBI.  However, the fact remains
that victim has died and there is a prima facie finding against the
appellants.  In fact, the High Court has awarded rupees three
lakhs only which, according to this Court, is on a lower side.
According to this Court, if rupees five lakhs is awarded towards
compensation, at this stage, the same shall be in the interest of
justice.  Therefore, in exercise of powers under Article 142 of
the Constitution of India and to do substantial justice to the
deceased and his family members, the amount of compensation
enhanced to rupees five lakhs, which shall be deposited by the
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appellants with the Registrar General of the Gauhati High Court
within a period of four weeks from today, which shall be paid to
the original writ peti

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