This application under Article 226 of the Constitution of India has been filed by one Robindra Nath Chetia and one Amarjyoti Barua. Robindra Nath Chetia is the father of one Krishna Chetia and petitioner No.2 - Amarjyoti Barua is the cousin of Krishna Chetia. This application has been filed praying the following reliefs against the State Govt. and the Union of India. As many as there are 9 (nine) respondents in this writ application. The reliefs sought for in the writ application are as follows : (i) That the killing of Krishna Chetia by firing was without authority of law. (ii) directing the respondents to immediately hold a judicial inquiry into the case and circumstances leading to the death of Krishna Chetia, (iii) that the authority should be asked to take appropriate action against the person guilty of killing. (iv) to pay appropriate damage for the illegal death of Krishna Chetia. 2. The brief facts are as follows : Shri Krishna Chetia in the month of March, 1991 was aged about 24 years and he was a B. Com student reading in Kanoi College at Dibrugarh. On 13.3.91 at around 10.00AM the Officer-in-charge, Namrup Police Station, Nacarup called the petitioner No. l to the police station and from the police station he was taken to the Post mortem Ward of Assam Medical College, Dibrugirh. On reaching Post Mortem Ward, the petitioner was shown by the authority a dead body and the petitioner No. 1 to his utter surprise found that the dead body was of his son. On having a look on the dead body, the petitioner No. 1 could see two bullet marks in the forehead of his son. In spite of enquiries made by the petitioner No. 1 the authority did not disclose as to how Krishna Chetia received such bullet injuries and under what circumstances. The police authority also did not disclose as to what exactly was the cause of the death of Krishna Chetia. However, the police authorities simply stated that Krishna Chetia died due to bullet injuries that he received in the hands of the Army. Thereafter, the dead body was handed over to the petitioner No- 1 and the dead body was duly cremated. After the cremation of Krishna Chetia, the Army authorities manhandled a number of persons for participation in the cremation of Krishna Chetia. Thereafter, the dead body was handed over to the petitioner No- 1 and the dead body was duly cremated. After the cremation of Krishna Chetia, the Army authorities manhandled a number of persons for participation in the cremation of Krishna Chetia. The Army authorities also took a number of participants who took part in the cremation to the Army camp and tortured them. On the day of Tiloni (ritual performance on the third day) also the Army visited the parental house of the deceased and whisked away a number of persons gathered thereupon invited by the family of the deceased. Even on the Shradha Ceremony held on 24.3.91 the people were prevented from gathering at the house of the deceased. 3. That the petitioner states that the Army authorities brutally murder­ed Krishna Chetia and the fact of his receiving bullet injuries in the hands of the Army personnel was confirmed by the police and as such, the Army authorities are absolutely responsible for causing death of a citizen without disclosing any reason or ground whatsoever. In spite of his best efforts, the Army authorities did not intimate the petitioner the cause of death of Krishna Chetia. Hence, this writ application with the prayers as mentioned above. 4. An affidavit-in-oppositio i has been filed on behalf of respondents 2, 3, 7, 8 and 9. Respondent No. 2 is State of Assam, respondent No.3 is the Chief Secretary, Govt. of Assam, respondent No. 7 is Deputy Commissioner Dibrugarh, respondent No. 8 is the Superintendent of Police, Dibrugarh, respondent No. 9 is the OC, Namrup Police Station, Nimrup. This affidavit has been sworn by one Under Secretary to the Govt. of Assam, Political (A) Department It is stated in paragraph 14that statements made in this affidavit in paragraphs 1 to 7 are true to the knowledge of the deponent and the further statements in paragraphs 3 to 6 and 8 to 11 being matters of records are true to the information derived therefrom. But curiously enough no records have been produced in support of this claim. But curiously enough no records have been produced in support of this claim. Even at the time of hearing nobody was present on behalf of the respondents .So, this affidavit cannot be deemed to be an affidavit in the eye of law because it is settled position of law that under Order 19 Rule 3 of the Code of Civil Procedure as well as under the High Court Rules there are guidelines how an affidavit is to be sworn. It is settled law that an affidavit sworn as certain paragraphs are true to the knowledge and certain paragraphs are true to informations received and believed to be true is meaningless and in fructuous if the records are not produced in support of that claim. Further the reasons for verification of affidavits are to enable the Court to find out which facts can be said to be proved on affidavit evide­nce of rival parties. Allegations may be true to knowledge or allegations may be true to information received from persons or allegations may be based on records. The importance of verification is to test the genuineness and authenticity of allegations and also to make the deponent responsible for allegations. In essence verification is required to enable to Court to find out as to whether it will be safe to act on such affidavit evidence. In absence of proper verification, affidavits cannot be accepted in evidence. The affidavit filed by the Slate Govt. is a callous and cavalier one and not according to rules. Accordingly, this affidavit filed by the State Govt. is without any merit. Even then let us have a look at the affidavit filed by the State Govt. In paragraph 4 it is stated that Krishna Chetia joined the extremist organisation United Liberation Front of Assam in the year 1986 and during the year 1987 he remained an over ground supporter of the ULFA and went underground in 1988. He remained an underground extremist until he was killed in an encounter with the Army on 12tii March, 1991. These statements made in paragraph 4 as indicated earlier are stated to be matters on record. But no record has teen produced. In paragraph 5 it is stated that on 12.3.91 at 8.30 AM Subedar Guruk Singh No. 92461 belonging to 28 Punjab Regiment reported at Naharkatiu Police Station that one extremist had been killed in an encounter. These statements made in paragraph 4 as indicated earlier are stated to be matters on record. But no record has teen produced. In paragraph 5 it is stated that on 12.3.91 at 8.30 AM Subedar Guruk Singh No. 92461 belonging to 28 Punjab Regiment reported at Naharkatiu Police Station that one extremist had been killed in an encounter. On receiving this information ASI R. Sonowal of Naharkatia PS proceeded the place of occurrence which is in Na-Sripuria Village under Tingkhong Mouza. The dead body was lying in a paddy field belonging to one Shri Dul Gogoi. The dead body was being guarded by Army personnel. The ASI held inquest over the dead body and sent it to AMCH, Dibrugarh for postmortem examination. The inquest report states that the dead body had a bullet injury on the left temple of his head. The ASI also seized the follo­wing articles which were found lying at the place of occurrence. 7 (seven) articles are mentioned therein. Other further statements are made regarding encounter in that paragraph, but as stated earlier there is no record in support of those statements. But in the affidavit it is stated that the statements are true to the deponent's information derived from the records. 5. In paragraph 10 it has been stated that Krishna Chetia was involved in Namrup PS Case No. 90/88 under section 302/326/34 IPC read with section 3/4 of TADA (P) Act and Krishna Chetia was charge sheeted in this case as an absconder. But no records have been produced in support of the claim though it is stated to be true to the knowledge as derived from the records. So, as stated earlier we are not in a position to accept this affidavit as having any element of truth. The next is an affidavit filed by respondents 1, 3, 4, 5 and 6. Respondent No. 1 is the Union of India, respondent No. 4 is the Secretary to the Govt. of India, Ministry of Defence, respondent No. 5 is the Lt. Gen KS Brar, respondent No. 6 is the Officer In-command, Dinjan Army Contonrnent, Dinjan, Dibrugarh. The basic thrust on this affidavit is that Krishna Chetia was killed in an encounter with the Army and along with affidavit the following documents- 1. FIR to the Naharkatia PS dated 12.3.91. of India, Ministry of Defence, respondent No. 5 is the Lt. Gen KS Brar, respondent No. 6 is the Officer In-command, Dinjan Army Contonrnent, Dinjan, Dibrugarh. The basic thrust on this affidavit is that Krishna Chetia was killed in an encounter with the Army and along with affidavit the following documents- 1. FIR to the Naharkatia PS dated 12.3.91. This states that there was an encounter and a person was killed and subse­quently he was identified as Krishna Chetia to be a hardcore ULFA man. This was received by the OC, Natarkatia PS on 12.3.91. The signature of the person who has signed it is not legible. 2. A copy of the seizure list stated to be by R. Sonowal of Naharkatia PS. 3. Another FIR dated 15th March, 1991 to the OC, Jeypore PS wherein it was stated that a hardcore militant Krishna Chetia fired towards the persons of the security forces. However, the fire was returned by the security forces and militant was killed. 4. some ammunitions etc. handed over by the Army authority to the police. 5. Photo copies of the affidavits filed by Uma Gogoi, Bapuram Gogoi, Janak Gogoi, Bileswar Gogoi, R. Sonowal, which in brief states that there was an encounter in the early morning on 12.3.91 and in that encounter a person was killed. 6. This Court appointed the Assistant District and Sessions Judge, Dibrugarh to enquire into the whole matter and submit his report and accordingly a report has been submitted on 23rd May, 1991 by the learned District and Sessions Judge, Dibrugarh. That report is available in the record. During the enquiry the learned Judge examined the following witnesses : I. Robindra Nath Chetia, (2) Mridul Chetia, (3) Dhurba Saikia,(4) Debajyoti Hazarika, (5) Bapuram Gogoi, (6) Dina Konwar, (7) R. Sonowal, ASI, (8) Dhrubajyoti Khound, (9) SM Dev Mahauta, a police officer, (10J Ratna Kanta Pegu, OC, Naharkatia PS. 7. The learned Judge also alongwith report sent an Inquest Report as well as post mortem report and the learned Judge gave the following report: "1. It is material in view of the statement of Robindra Nath Chetia, Dhurba Saikia and Debajyoti Hazarika that deceased Krishna Chetia was a college student in the year, 1988. 2. Age of said Krishna Chetia as per post mortem report and accord­ing to his father Robindranath Chetia was about 25 years in March, 1991. 3. It is material in view of the statement of Robindra Nath Chetia, Dhurba Saikia and Debajyoti Hazarika that deceased Krishna Chetia was a college student in the year, 1988. 2. Age of said Krishna Chetia as per post mortem report and accord­ing to his father Robindranath Chetia was about 25 years in March, 1991. 3. That Krishna Chetia died due to shock and haemorrhage as a result of fire arm injury on foiehead as per opinion of Dr. N. Sonowal, MD, Professor of Forensic Medicine, Assam Medical College,Dibrugarh and Police Surgeon, Dibrugarh. 4. It cannot be determined conclusively from the materials on record that deceased Krishna Chetia had any past carrier of being himself involved in any subversive activities. It is stated specifically that no authority of police or Army has placed any material supporting the invol­vement of deceased Krishna Chetia in any subversive activities. 5. The allegation of occurring an encounter between the Army and some extremists at or near the place where the dead body of Krishna Chetia was found cannot be reasonably held to be true and genuine particularly for the following grounds and reasons, (a) No sufficient blood marks near and at the place where the dead body was lying could be seen by any of the witnesses attending the inquest and by the police officer making the same. (b) If there would have been a real encounter where fire arms were used the place would surely contain sufficient clogging of bloods and extremely evident marks on the surface of the land at or near the place where the dead body was lying. (c) No blood stains had been seen on the wearing apparels of the deceased. There would have been professed bleeding and cloths would have been sufficiently smeared with blood stains and there would have been pull of blood at or near the place, if real encounter had been taken place at the alleged spot and the deceased received bullet injuries there. (d) If there would have been real and genuine encounter with the use of fire arms by both the sides, then surely some shells of used bullet or cartridge would have been found lying at the place of the encounter. It is nowhere stated that such articles were found. (d) If there would have been real and genuine encounter with the use of fire arms by both the sides, then surely some shells of used bullet or cartridge would have been found lying at the place of the encounter. It is nowhere stated that such articles were found. At least the witnesses present at the time of inquest would have seen certain external injury marks and scar marks on the surface of the place of occurrence if there would occur real encounter as stated in the FIR. (e) It appears improbable to hold that a person making encounter with well armed Army would put off his shoes near the place of his making the encounter. If instantly he would have received bullet injury on the forehead there would be no reason or circumstance to get his shoes off to fall some where at a certain distance from the place where he had fallen down. (f) Delay of 14 (fourteen) hours, in filing the FIR and the conduct of the informant, Army Subedar in refusing to make statement as to the alleged occurrence before the police officer cast a shadow of doubt around the alleged occurrence as stated in the FIR." 8. So on the basis of the report we hold that Krishna Chetia as alleged by the Army was not killed it the encounter and if he was not killed in encounter it must be held that the Army authority had killed him wrongfully. The second prayer made in this writ application that there should be an order/direction for judicial inquiry cannot be granted by us at this stage inasmuch as more than 3 years have elapsed from the date of the incident and no useful purpose shall be served by ordering judicial inquiry as prayed for by the petitioner and same will be meaningless because nothing truthful purpose can be achieved at this point of time. The next point comes for consideration whether at this stage the authority can initiate action to find out the person guilty for the incident. We cannot agree to that matter and we find that an inquiry will be meaningless to find out the person guilty for the incident as 3 years have elapsed inasmuch as the persons guilty cannot be identified at this distant point of time. We cannot agree to that matter and we find that an inquiry will be meaningless to find out the person guilty for the incident as 3 years have elapsed inasmuch as the persons guilty cannot be identified at this distant point of time. The only point left us for conside­ration whether the petitioner No. 1 - the father of the deceased is entitled to any compensation. We make it clear that petitioner No, 1 is not entitled to any compensation. If any compensation is awarded by us that shall definitely go to the mother of Krishna Chetiu and that money shall be utilised by her according to her own choice. How compensations are to b. assessed in such a case is pointed out in AIR 1993 SC 1960 (Nilabati Behera vs. State of Orissa & [others). The Supreme Court in deciding the compensation took into consideration the earning of the deceased, age of the deceased etc. and consi­dering all these awarded a total compensation of Rs. 1,50 lakhs. However, the Supreme Court also considered the earning of the deceased, ie Rs. 1.500/-per month and he was aged about 22 years. 9. In the instant case, the deceased was aged about 24 years the he was a B. Com. student and he belongs to middle class family of the State. He was also the eldest in the family and naturally the family had a high hope on him. But the cruel hand of destiny snatched away this person and the family has suffered as a result oi this. Taking into consideration of all the facts and totality of the circumstances, we decide to award the compensation of Rs. 60.000/- to be paid by the respondents. The respondents 4, 5 and 6, shall be liable to pay Rs.45,000/-and respondents 2,3, 7, 8 and 9 shall be liable to pay Rs.15,000/.- This shall be paid within a period of 4 (four) months from today. 10. We have given the higher amount of compensation as against the respondents 1, 4, 5 and 6 as we have earlier held that Krishna Chetia lost his life because of the wrongful action on the part of the Army. But at the same time, respondents 1,2,3,7, 8 and 9 cannot be absolved of their responsibilities because after all the State Assam is responsible for the protection of the life and property of the citizen of this State. 11. But at the same time, respondents 1,2,3,7, 8 and 9 cannot be absolved of their responsibilities because after all the State Assam is responsible for the protection of the life and property of the citizen of this State. 11. Shri Borbora prays that this amount may be adjusted to any claim that may be filed by the members of the family of the deceased for realisation of damage. This prayer of Shri Borbora is considered. Accordingly, we hold that this amount shall stand adjusted against that amount if granted. We further make it clear that the amount of compensation shall be paid within a period of 4 (four) months from today.