Photo Courtesy: nenow
Guwahati: The Gauhati High Court has ordered the Assam government to pay compensation to the families of two protesters killed and three others injured during a 2018 police firing incident at Maibang Railway Station. A division bench comprising Justice Kalyan Rai Surana and Justice N. Unni Krishnan Nair ruled the state must pay Rs 3 lakh each to the families of the deceased, Praben Hakmus and Mithun Dibragede. Three others who suffered serious injuries, Alpana Langthasa, Thaisring Hojai, and Sunujit Sengyung, will receive Rs 2 lakh each. The payments must be completed within three months.
The violence erupted on January 25, 2018, during protests against the proposed inclusion of Dima Hasao territory into a Greater Nagalim. Dimasa organizations, including the Jadikhe Nalso Hosom, the Dimasa Students Union, and the Dimasa Mothers Association, led the demonstrations. Protesters blocked railway tracks, leading to a clash where police eventually opened fire. The state claimed officers used tear gas and rubber bullets before resorting to live ammunition to protect railway property and quell an arson attempt.
Advocate Vikram Rajkhowa argued the police used excessive, indiscriminate force against an unarmed crowd. He pointed to bullet wounds above the victims' waists as evidence of improper conduct. The court reviewed previous findings from a magisterial inquiry and a One Man Enquiry Commission. It refused to order a new independent probe, citing the time elapsed and the completion of two existing police investigations. The bench noted that while the protest turned violent, the police response was disproportionate.
The court stated that the police actions amounted to a violation of the victims' rights under Article 21. Justice Surana and Justice Nair described the ruling, noting that the compensation was "exemplary in nature and awarded under public law, distinct from and in addition to any compensation already paid by the government." Victims remain free to pursue additional civil suits for damages through the standard criminal justice system.
Comments