Custodial Death Case: Supreme Court Orders CBI Probe and Compensation to Victim’s Family

The Supreme Court of India, in its judgment dated July 26, 2019, addressed a significant case involving the custodial death of Someswar Gayari, alias Sombrom. The case was filed by his widow, Junu Gayary, against the Union of India, seeking a judicial inquiry into his death and compensation for the loss of her husband. The case highlights issues related to custodial killings, human rights violations, and the accountability of armed forces personnel.

Background of the Case

According to the petitioner, Someswar Gayari was picked up from his relative’s house in the village of Koilamaila under Bijni Police Station by personnel of the 8th Madras Military Regiment at around 3:00 a.m. on August 26, 2003. His whereabouts were unknown until August 30, 2003, when she was informed by the Officer-in-Charge of Amguri Police Outpost that her husband had died in an encounter with the army near Bhabanhipurgaon.

Junu Gayary approached the Gauhati High Court, seeking an independent investigation into the circumstances of her husband’s death. She argued that her husband was illegally detained and subsequently killed in custody. She demanded a judicial inquiry and compensation of Rs. 6 lakhs for the loss suffered by her family.

High Court’s Decision

The High Court directed the District & Sessions Judge, Bongaigaon, to conduct an inquiry into the circumstances leading to the disappearance and death of Someswar Gayari. The Sessions Judge conducted a thorough inquiry, examined witnesses, and submitted a detailed report to the High Court.

The inquiry report concluded that:

Someswar Gayari was picked up by the army from the house of his relative, Dilbahadur Chetry, on the night of August 26, 2003.
There was no involvement of Assam Police personnel in his detention.
Gayari’s whereabouts remained unknown until August 30, 2003, when the Bijni Police Station informed his wife about his death.
He remained in army custody from the time of his detention until the production of his dead body before the police.
The death was a custodial killing, and there was an attempt to portray it as an encounter.

Based on this inquiry, the High Court ruled that there was a clear violation of Article 21 of the Constitution, which guarantees the right to life and liberty. The court directed the Central Bureau of Investigation (CBI) to register a case under Section 302 of the Indian Penal Code (IPC) and conduct a detailed investigation.

Additionally, the High Court ordered the Union of India and the Commandant of the 8th Madras Regiment to pay a compensation of Rs. 3 lakhs to the widow and her family.

Supreme Court’s Observations

The Union of India challenged the High Court’s order in the Supreme Court, arguing that:

The allegations of illegal detention and custodial killing were baseless.
The deceased was a militant and was killed in a genuine encounter.
There was no need for a CBI inquiry as the army’s internal inquiry had found no wrongdoing.
The compensation awarded was unwarranted.

However, the Supreme Court dismissed the appeal and upheld the High Court’s ruling.

The Supreme Court stated:

“The High Court has rightly directed to register a criminal case for the offence punishable under Section 302 IPC with respect to the death of Someswar Gayari and, looking to the gravity of the offence committed, the High Court has rightly directed the CBI to undertake the investigation.”

The Court further observed that the findings of the District & Sessions Judge were based on substantial evidence, including eyewitness accounts and circumstantial evidence, which conclusively established that Someswar Gayari was in army custody at the time of his death.

The Court rejected the argument that the deceased was a militant and stated that attempts were made to falsely portray the death as an encounter. The Court noted that the family of the deceased had suffered irreparable loss and deserved fair compensation.

Final Verdict

The Supreme Court issued the following orders:

The CBI must register a criminal case under Section 302 IPC and conduct an independent investigation.
The investigation must be concluded at the earliest to ensure that the real culprits do not escape punishment.
The Union of India and the Commandant of the 8th Madras Regiment must pay enhanced compensation of Rs. 5 lakhs to the petitioner, which must be deposited with the Registrar General of the Gauhati High Court within four weeks.
The compensation awarded by the Supreme Court does not preclude the petitioner from seeking further legal remedies for additional compensation.

The Court also issued directions regarding the prosecution of the accused:

Once the charge sheet is filed by the CBI, the competent army authority must decide within eight weeks whether the case will be tried by a criminal court or by a court martial.
If the army opts for a court martial, proceedings must commence immediately and be concluded as per law.
If the trial is to be conducted by a criminal court, the CBI must apply for sanction from the Central Government within four weeks, and the Central Government must decide within eight weeks.
If sanction is granted, the criminal court must conduct and conclude the trial expeditiously.

Conclusion

This judgment is a landmark ruling in cases of custodial deaths and human rights violations. It reinforces the principle that no one is above the law and that security forces must be held accountable for unlawful actions. The Supreme Court’s intervention ensures that the matter will be thoroughly investigated, and justice will be served for the victim’s family.

Petitioner Name: Junu Gayary.
Respondent Name: Union of India and others.
Judgment By: Justice M.R. Shah, Justice A.S. Bopanna.
Place Of Incident: Assam.
Judgment Date: 26-07-2019.

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