SHRI PRADIP CHANDRA SALOI, IPS AND OTHERS Vs. SMTI. SWAGMONI BORAIK AND OTHERS
LAWS(GAU)-2018-2-138
HIGH COURT OF GAUHATI
Decided on February 06,2018

Shri Pradip Chandra Saloi, Ips And Others Appellant
VERSUS
Smti. Swagmoni Boraik And Others Respondents

JUDGEMENT

HRISHIKESH ROY,J. - (1.) Heard the learned Sr. counsel Mr. N. Dutta appearing for the petitioner in the Review Petition No.125/2009. Also heard Mr. U.K. Nair, the learned Sr. counsel appearing for the respective two petitioners in the Review Petition Nos.99/2009 and 100/2009. The learned Addl. Sr. Govt. advocate Mr. R. Dhar represents the State respondents.
(2.) These Review Petitioners are aggrieved by the direction in paragraph 17 of the judgment dated 06.05.2009 in the WP(Crl.) No.25/2008, whereby, recovery of the compensation sum, inter alia, from these three police officers have been directed by the Division Bench. The quantified sum of Rs. 3,00,000/- by way of public law damage, was ordered to be paid to the mother, widow and the children of one Anil Boraik (hereinafter referred to as the victim), who died on 05.06.2017 after remaining in jail custody for around three weeks. The victim was arrested and was produced in Court on 14.05.2007 and the learned CJM, Golaghat on the same date, had remanded him to jail custody. Besides payment of the compensation, the Court also directed registration of criminal case against the Jail Superintendent and doctor of the Golaghat district jail and also the O/C of the Khoomtai Police Outpost.
(3.) That apart, the Court suspected manipulation of the dates in the G.D. Entry and the police records in connection with the detention of the victim and accordingly the deponent of the affidavit filed in the WP(Crl.) No.25/2008 and the two officers who were posted as Superintendent of Police at Golaghat between 13.05.2007 - 25.09.2008 (Review Petitioners), have been made responsible, to proportionately share the burden of the compensation, awarded to the victim's family.Submission Of Review Petitioners;


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