NDLI: Union of India and Others Vs. Junu Gayary

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India death respondent husband Art.21 encounter by army compensation IPC s.302
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	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.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 818
Petitioner	Union Of India And Others
Respondent	Junu Gayary
SCR	[2019] 9 S.C.R. 843
Judgement Date	2019-07-26
Case Number	3669

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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