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Supreme Court of India 2019-07-26 dismissed

Union of India and others vs Junu Gayary

Bench: 2 — M.R. Shah

In Brief

A young widow challenged the death of her husband, Someswar Gayari, after army personnel allegedly took him into custody in 2003 and his body was later found. A High Court inquiry determined he died while in army custody, not in an encounter as claimed, and directed CBI investigation and Rs. 3 lakhs compensation. The Government appealed. The Supreme Court dismissed the appeal, upheld the CBI investigation order, and enhanced compensation to Rs. 5 lakhs under Article 142, finding a prima facie violation of the constitutional right to life and doing justice to the deceased's widow and minor children."

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Constitutional Law Right to Life Criminal Law Encounter Deaths Judicial Inquiry Compensation Central Bureau of Investigation Court Martial

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