VidhiSangh

Supreme Court of India · 26/07/2019

UNION OF INDIA AND OTHERS versus JUNU GAYARY

[2019] 9 S.C.R. 843 · 2019 INSC 818

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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

  1. Whether the judicial enquiry findings justified a murder investigation by the CBI and constitutional compensation.
  2. What procedure should follow the investigation regarding trial forum and sanction.

Held

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.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 843.