Gauhati High Court allows compensation to kin of two alleged ULFA cadres shot dead by Assam Rifles, rules out CBI probe

The Gauhati High Court directs the Union of India to provide compensation to the mothers of two alleged ULFA cadres who were killed in 2016. The court ordered the government to pay a compensation of Rs. 4 Lakhs each, ruling that the Assam Rifles personnel acted in an inhuman manner when exercising their power under the Armed Forces Special Powers Act. The petitioners argued that both the deceased persons were killed without any reason, violating Articles 21 and 22(5) of the Indian Constitution.

The Assam Rifles responded that an operation was launched in 2016 on specific inputs from their own sources about the presence of ULFA(1) militants in the general area of Dharmapur-l. The Assam Rifles party open fired when two cadres of ULFA(1) tried to break the cordon and escape. The security forces claimed that the deceased persons were killed as they did not stop despite being challenged.

The government ordered a magisterial enquiry to investigate the matter, which was carried out by a judicial magistrate. The report submitted by the district judge stated that 11 boys and girls were assembled and were attempting to cross over to Myanmar to join ULFA. The Assam Rifles open fired during the operation to prevent the deceased from escaping after being asked to stop.

During the pendency of the writ petition, a co-ordinate bench of the High Court ordered for an enquiry by the sitting District Judge to reach the truth of the matter. The court directed the competent authorities investigating the FIRS filed by the petitioners to investigate the same as expeditiously as possible and in accordance with the law.