Summary
Directions for registration of a murder case and CBI investigation into a death allegedly presented as an Army encounter were upheld. A judicial enquiry conducted after hearing the parties found that the deceased had remained in Army custody until his body was handed to police. Compensation to his widow was increased from Rs.3 lakh to Rs.5 lakh, without foreclosing other remedies. The Court prescribed the subsequent choice-of-forum and sanction timetable without determining individual criminal guilt.
Issues
- Whether the judicial enquiry findings justified a murder investigation by the CBI and constitutional compensation.
- What procedure should follow the investigation regarding trial forum and sanction.
Held
- The enquiry Judge examined evidence and gave all concerned an opportunity to participate. The findings concerning continuous Army custody and the attempted encounter explanation supported the High Court’s investigation directions; no objections to the report had been filed despite opportunity. (¶¶ 2.3–2.4, 4.1)
- The established constitutional-rights concern and prima facie findings justified compensation at this stage while individual responsibility remained for investigation. Article 142 relief increased it to Rs.5 lakh without precluding further lawful remedies on their merits. (¶ 5)
- The Army authority must choose between criminal trial and court martial within eight weeks after the charge-sheet is filed, rather than after cognizance, and promptly inform the Magistrate. A court martial, if chosen, must commence and conclude expeditiously. (¶ 7)
- If criminal trial is selected, the CBI must seek Central Government sanction within four weeks of receiving the option; the Government must decide within eight weeks of the application. Upon sanction, the criminal court should try the case expeditiously. (¶ 7)
Result
Challenges to the investigation directions dismissed. Compensation enhanced to Rs.5 lakh, to be deposited with the Gauhati High Court Registrar General within four weeks and paid to the identified widow. CBI directed to complete investigation promptly, followed by the specified forum-choice and sanction process.