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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 he was taken by army personnel in 2003 and died in disputed circumstances. The High Court ordered a CBI investigation after a District & Sessions Judge found the deceased had been in army custody when he died. The Supreme Court upheld this direction and rejected the government's appeal. Finding a violation of the right to life (Article 21), the Court enhanced compensation from 3 lakhs to 5 lakhs rupees and set timelines for deciding whether the accused would face court martial or criminal trial, ensuring accountability for the alleged custodial death."

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Constitutional Law Right to Life Custodial Death Criminal Investigation Compensation Article 21

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