JUDGMENT Anima Hazarika, J. 1. Heard Ms. R.M. Kharsyntiew, learned Counsel appearing for the Petitioners. Also heard Mr. N.D. Chullai, learned Senior Government Advocate, Meghalaya appearing for the Respondent Nos. 1, 2, 3, 5, 8 and 9 and Mr. P. Dey, learned Central Government Counsel ('CGC' for short) appearing for the Respondent Nos. 6 and 7. 2. The grievance raised and relief claimed in these analogous four writ petitions being same, are heard together and being disposed of by this common judgment and order. 3. By means of these writ petitions filed under Article 226 of the Constitution of India, the Petitioners have sought for a direction to the Respondent Enquiry Officer to submit the enquiry report before this Court and to furnish a copy of the same to the Petitioners or their counsel with a further direction to the Respondents to adequately compensate the Petitioners with a compensation amount of Rs. 8,00,000 (Rupees eight lakhs) to Rs. 10,00,000 (Rupees ten lakhs)only. 4. The allegations brought in these writ petitions depict tragic story of killing innocent villagers by the police personnel in the name of so called counter insurgency operations. 5. Petitioner's case in brief is that on 13.2.2004, the supporters of Sri Billistone Sangma, Indian National Congress ('INC' for short) candidates of Garo Hills Autonomous District Council ('GHADC' for short), numbering 25 to 30 came to his house at Bikkonggre village with a view to hear the results of election as 14.2.2004 was the day for counting of votes at Tura. But when the supporters arrived at the residence of the candidate viz. Billistone Sangma they could not meet him as he had already left for Tura in the morning hours. They also wanted to go to Tura, but as there were no more buses, they stayed back in the house of the candidate. In the evening, a fire was made in the courtyard of the candidate by the supporters to keep themselves warm. After some time, the Officer-in-Charge ('O/C' for short) of Phulbari Police Station, Sri T.J. Synrem alongwith some police and Central Reserve Police Force ('CRPF' for short) personnel suddenly appeared at the courtyard of the house and without saying anything, straightway started firing with the gun in a reckless and indiscriminate manner at the supporters gathered in the courtyard, as a result of which, four innocent supporters of the said candidate were killed on the spot. The supporters who gathered at the courtyard were simple villagers without any arms. The four victims killed in the firing were: 1) Resen Sangma, 2) Majendro Sangma, 3) Jason Sangma and 4) Saren Sangma. 6. W.P(C) 357(SH) 2005 has been filed by the uncle of the deceased Resen Sangma who was killed in the firing was unmarried, aged about 22 years at the time of his death and was the sole bread earner of the family. His parents expired long back and so he was brought up by his aunty (mother's younger sister) and her husband (uncle), Petitioner, Sri Riknen Marak. By occupation he was a businessman dealing with agricultural products like betel nut, ginger etc and his annual income was about Rs. 80,000/-(rupees eighty thousands) to Rs. 1,00,000/-(rupees one lakh) per year. He is survived by his uncle and the quantum of compensation claimed in this case is Rs. 8,00,000/-( rupees eight lakhs) to Rs. 10,00,000/-(rupees ten lakhs). 7. W.P.(C) No. 358 (SH) 2005 has been filed by Smt. Sanem Marak, wife of Majendro Sangma, who was 28 years old at the time of his death, survived by his wife and three minor children aged about 1 year, 3 years and 5 years respectively. He was the sole bread earner of the family thereby causing extreme hardships and difficulty to the Petitioner in maintaining herself and three minor children. The deceased by occupation was a businessman dealing with fair price shop, Kerosene oil and other agricultural products like betel nut, ginger and his annual income was about Rs. 1,20,000/-(rupees one lakh twenty thousand) per year. The quantum of compensation claimed in this case is Rs. 8,00,000/-(rupees eight lakhs) to Rs. 10,00,000 (rupees ten lakhs). 8. W.P.(C) No 359(SH) 2005 has been filed by Smt. Etnak Marak, wife of the deceased Jason Sangma, who was 25 years old and was married, survived by his wife and other family members. By occupation he was a businessman having plantation of betel nut in his village and his annual income was about Rs. 1,50,000/-(rupees one lakh fifty thousand) per year. The quantum of compensation claimed in this case is Rs. 10,00,000/-(rupees ten lakhs) to Rs. 12,00,000/-(rupees twelve lakhs). 9. By occupation he was a businessman having plantation of betel nut in his village and his annual income was about Rs. 1,50,000/-(rupees one lakh fifty thousand) per year. The quantum of compensation claimed in this case is Rs. 10,00,000/-(rupees ten lakhs) to Rs. 12,00,000/-(rupees twelve lakhs). 9. W.P (C) No. 360(SH) 2005 has been filed by Smt. Henjak Marak, wife of Saren Sangma, who was 30 years old at the time of his death and was married, survived by his wife and other family members. He was the sole bread earner of the family. By occupation he was businessman dealing with agricultural products like cashew nut, betel nut, ginger etc and his annual income was about Rs. 2,40,000/-(rupees two lacks forty thousand) per year . The quantum of compensation claimed in this case is Rs. 8,00,000/-(rupees eight lakhs) to Rs. 10,00,000/-(rupees ten lakhs) only. 10. Two affidavits-in-opposition have been filed in this case; one on behalf of Respondent Nos. 1, 2, 3 and 4 and another on behalf of Respondent Nos. 6 and 7 denying the averments made in the writ petitions, contending inter alia, that all the deceased were militants and were hiding at night with sophisticated weapons in the residential compound of Billistone Sangma at Bikonggre village. It has been further contended that on 13.2.2004, there was a joint operation by the State police alongwith CRPF personnel to eliminate the above ANVC militants. Accordingly, after signal, the party cordoned off the compound tactically and saw some civilians sitting in group outside the house around bonfire. Police party warned them not to move and started searching for the militants. The militants, in the meantime, locked themselves inside a room of the house and when they were asked to come out one by one, suddenly they started indiscriminate firing upon the police party. Police party had to retaliate in self defence and in the firing the then O/C, Phulbari Police Station received bullet injuries and thereby the Respondents pray for dismissal of the writ petitions. In the affidavit-in-opposition filed on behalf of Respondent Nos. 1, 2, 3, 4 and 5 while praying for dismissal of the writ petitions reiterating the stand taken by Respondent Nos. 6 and 7, it has further been stated that an amount of Rs. 1,00,000/-(rupees one lakh)only each has been paid to the next of kin of the deceased persons as sanctioned by the State Government. 1, 2, 3, 4 and 5 while praying for dismissal of the writ petitions reiterating the stand taken by Respondent Nos. 6 and 7, it has further been stated that an amount of Rs. 1,00,000/-(rupees one lakh)only each has been paid to the next of kin of the deceased persons as sanctioned by the State Government. 11. Some serious allegations were made against the police by the public at large alongwith the family members of the victims. There was a public demand addressed to the Chief Minister, Meghalaya, Shillong and others for immediate inquiry with respect to killing of four innocent villagers and causing injury to other two persons at Bikkonggre on 13.4.2004, in the courtyard of Billestone Sangma, INC candidate for GHADC by Sri TJ Synrem, the O/C of Phulbari Police Station and other police personnel. The office of the District Congress Committee, Tura and the Mothers' Union, Tura also submitted petition before the Chief Minister, Meghalaya in this regard further alleging damage to property, beating of innocent people etc. 12. Considering the allegations made, the Deputy Commissioner, West Garo Hills, Tura vide order No. CB.21/04/12 dated 17.2.2004 directed the Additional Deputy Commissioner ('ADC' for short) i/c Dadenggiri Civil Sub-Division, Dadenggiri to cause an enquiry into the incident occurred on 13.2.2004, to ascertain the following; i) The circumstances leading to the occurrence of the incidence, ii)Whether there is any element of truth/fact in the allegations raised by the organization named as Mothers' Union, Tura and iii)whether at any instance it is apparent that there was excessive use of force without proper discretion on behalf of the police personnel involved in the said incident. 13. This Court while issuing notice vide order dated 31.10.2005 directed the learned Government Advocate to produce the enquiry report conducted in connection with the instant case. Accordingly, the report of the enquiry conducted by Sri R.P. Marak, ADC i/c Dadenggiri Civil Sub-Division, Dadenggiri relating to the firing incident occurred on 13.2.2004, together with relevant and related evidence etc. has been submitted before this Court. 14. Upon perusal of the enquiry report it would reveal that during the course of inquiry, sixteen persons appeared before the ADC, who recorded their statements on oath. In the course of inquiry, the ADC visited the place of occurrence, i.e. the house of Sri Billestone Sangma and also met the inmates of the house and the neighbours. 14. Upon perusal of the enquiry report it would reveal that during the course of inquiry, sixteen persons appeared before the ADC, who recorded their statements on oath. In the course of inquiry, the ADC visited the place of occurrence, i.e. the house of Sri Billestone Sangma and also met the inmates of the house and the neighbours. Upon completion of the enquiry on the basis of the evidence adduced and the statements made by the witnesses, the ADC had accepted the allegations of the Mothers' Union as true. The claim of police personnel that the four deceased persons belonged to underground outfit has been completely overruled. The ADC found that all of them were ordinary villagers depending on farming as their livelihood, more so, the police department has not come up with a clarification or proof to show that the four deceased persons were members of any underground outfit. The ADC also found the statements made by the police were contradictory and inconsistent. During the course of inquiry, it has further been proved that the deceased had merely gone to the home of the candidate as supporters. The proof that the four deceased persons were innocent villagers is substantiated by the statements of ASI, SR Marak, who has clearly stated that none of them were in the wanted list belonging to any underground outfit. The four persons were simply pulled out of the room by the police for the reasons best known to them and ruthlessly killed in front of the entrance of the house. The two Battalion personnel, who were with the O/C, Phulbari Police Station at the time of the incident, were unable to give clear picture to substantiate their claim of an encounter and presence of any underground outfit. 15. The ADC upon perusal of the oral evidence and materials available on record came to the conclusion that a police party led by Sri TJ Synrem, O/C of Phulbari Police Station without any rhyme and reason by using excessive force and indiscriminate police firing killed the four persons. 15. The ADC upon perusal of the oral evidence and materials available on record came to the conclusion that a police party led by Sri TJ Synrem, O/C of Phulbari Police Station without any rhyme and reason by using excessive force and indiscriminate police firing killed the four persons. The findings arrived a by the learned ADC is reproduced herein below: The findings arrived at by the learned ADC is reproduced herein below: CONCLUSIVE/FINDING On 13.2.04 around 10.00 P.M. Police party comprising of 2nd MLP Bn and 53 Bn CRPF led Shri TJ Synrem, O.C. Phulbari P.S. surrounded the compound of INC candidate to the GHADC elections 2004, Shri Bilestone Sangma. There were more than 30 people in the compound including women and children. The four deceased person, sleeping inside a room were pulled out and ordered to kneel down in the front entrance of the house. The deceased persons were held one by one and shot at point blank range by the O.C. Phulbari himself. Then the O.C. Phulbari yelled "maro maro" following which the other police personnels also took part in the firing. There were also more indiscriminate firings in the compound. Because of the gunfire people ran helter-skelter. Even those who tried to run away after sustaining bullet injuries were fired upon by the Police. According to two prime witnesses, namely, Shri Watnang Ch. Marak s/o Chanjeng Sangma and Shri Minjeng Marak, s/o Jangnem Sangma, the four deceased were fast asleep when the Police came and the two were playing carom. The two boys were first pulled out to the front porch of the main home and beaten up while the four were being killed one-by-one by the O.C., Phulbari. During the process the O.C. Phulbari also sustained bullet injury on his leg. When he screamed out in pain, the firing also stopped. According to the people, some Garo Battalion personnel displayed verbal disapproval to the action of the OC Phulbari and that he sustained injury from indiscriminate firing by the police personnel. The four deceased were then lifted to the Police vehicle and taken to Phulbari. And then, again about one hour later another Police party came to the same location and entered into the compound and checked the house and surroundings. The public were also beaten with firewood, sticks etc. apart from entering the house and damaging the property. The four deceased were then lifted to the Police vehicle and taken to Phulbari. And then, again about one hour later another Police party came to the same location and entered into the compound and checked the house and surroundings. The public were also beaten with firewood, sticks etc. apart from entering the house and damaging the property. Though no serious injury was caused to the people, the act of the Police was simply uncalled for and was condemned by the public. 16. It is pertinent to note herein that no objection/counter has been filed by police against the enquiry report submitted by the ADC. 17. After carefully going through the enquiry report submitted by the ADC abovementioned, taking into the account the facts situation in the case, as noticed hereinabove and also having regard to the materials available on record, it transpires that the evidence of all the witnesses is found to be consistent, credible and corroborative and thus we are of the view that there is no illegality, infirmity and/ or irregularity found in the findings of the said enquiry and the same is accordingly accepted and approved. 18. Having considered the enquiry report and also having been guided by the settled legal position propounded by the series of judicial authorities, we have no hesitation to record that the police personnel resorted to firing without any reasonable or acceptable explanation. 19. This is a clear case where one and only conclusion that can be drawn is that the deceased were killed in a cold blooded manner by the police personnel without there being any provocation whatsoever for doing so. 20. The only question that survives for our consideration is whether the Respondents are liable to pay compensation to the Petitioners for causing death of their husband/cousin. 21. The law is well settled that in case where violation of fundamental rights guaranteed under Article 21 of the Constitution of India is established, the court may award compensation in the proceedings under Article 226 of the Constitution of India provided the violation of Article 21 is patently incontrovertible and such violation is gross in magnitude shocking the conscience of the court. The award of compensation by a public authority is always in addition to damages that may be awarded and ascertained in a properly constituted proceedings. 22. The award of compensation by a public authority is always in addition to damages that may be awarded and ascertained in a properly constituted proceedings. 22. The Apex Court in Sube Singh Vs-State of Haryana, (2006) 3 SCC 178 referring to its earlier decisions including the decisions rendered in Rudul Sah v. State of Bihar AIR 1983 SC 1086 , Smt. Nilabati Behera v. State of Orissa AIR 1993 SC 1960 and DK Basu v. State of West Bengal AIR 1997 SC 610 held that in cases where custodial death or custodial torture or other violation of rights guaranteed under Article 21 is established, the courts may award compensation in a proceeding under Article 32 or 226. At para 21 of Sube Singh (supra) the Apex Court held as thus: In case where custodial death or custodial torture or other violation of the rights guaranteed under Article 21 is established, courts may award compensation in a proceeding under Article 32 or 226. However, before awarding compensation, the court will have to pose to itself the following questions: a) whether the violation of Article 21 is patent and incontrovertible, b) Whether the violation is gross and of magnitude to shock the conscience of the court, c) Whether the custodial torture alleged has resulted in death or whether custodial torture is supported by medical report or visible marks or scars or disabilities. Where there is no evidence of custodial torture of a person except his own statement and where such allegation is not supported by any medical report or other corroboration evidence, or where there are clear indications that the allegations are false or exaggerated fully or in part, courts may not award compensation as a public law remedy under Article 32 or226, but relegate the aggrieved party to the traditional remedies by way of appropriate civil/criminal action 23. In our considered opinion, in the case in hand, there cannot be any doubt that the violation of Article 21 is patent and incontrovertible. There cannot also be any doubt that the violation is gross and of a magnitude that shocked our judicial conscience. In the case in hand, the Respondent authorities did not join any issue and raised any objection as regards the conclusion drawn and findings recorded by the learned ADC wherein it is held that police was responsible for killing of the four innocent villagers. 24. In the case in hand, the Respondent authorities did not join any issue and raised any objection as regards the conclusion drawn and findings recorded by the learned ADC wherein it is held that police was responsible for killing of the four innocent villagers. 24. In Nilabati Behera (supra), the Apex Court observed as thus: ...It is a sound policy to punish the wrongdoer and it is in that spirit that the courts have moulded the relief by granting compensation to the victims in exercise of their writ jurisdiction. In doing so the courts take into account not only the interests of the applicant and the Respondent but also the interest of the public as a whole with a view to ensure that public bodies or officials do not act unlawfully and do perform their public duties properly, particularly where the fundamental rights of a citizen under Article 21 is concerned.... 25. It is well settled that citizen complaining of the infringement of the indefeasible right under Article 21 of the Constitution cannot be told that for the established violation of the fundamental right to life, he cannot get any relief under the public law from the courts in exercise of writ jurisdiction. The decisions as aforesaid have dealt with the violation of Article 21 by the instrumentalities of the State resulting in death, police excess/atrocities etc. and adequate compensation has been paid to the aggrieved party and therefore, we have no hesitation to pass similar order awarding adequate compensation in the instant case since, there is a violation of Article 21 of the Constitution of India. 26. Having regard to the fact that based on evidence recorded by the Enquiry Officer that the police personnel indulged and resorted to unprovoked firing which led to the death of four innocent villagers shocks the conscience of the courts. Therefore, there is no option left but to award compensation to the Petitioners suitably. We consider it appropriate to award Rs. 3 lacks (Rupees three lakhs) only each to the family members of the four Petitioners and the amount is directed to be paid to the Petitioners. Petitioners are entitled to the cost quantified at Rs. 5,000/-(Rupees five thousand) only each to be paid by the State Respondents. As per statements made in the counter filed by the State Respondent Rs. 3 lacks (Rupees three lakhs) only each to the family members of the four Petitioners and the amount is directed to be paid to the Petitioners. Petitioners are entitled to the cost quantified at Rs. 5,000/-(Rupees five thousand) only each to be paid by the State Respondents. As per statements made in the counter filed by the State Respondent Rs. 1 lakh (Rupees one lakh) only has already been paid to the relatives of the deceased. It is made clear that the compensation amount after deduction of Rs. 1 lakh (Rupees one lakh), i.e. Rs. 2 lacks (Rupees two lakhs) only alongwith cost shall be deposited by the State Respondents before the Registry of Shillong Bench of Gauhati High Court through Bank draft within a period of 3 (three) months from the date of receipt of this order. The same may be allowed to be withdrawn by the Petitioners after proper verification and identification by the learned Counsel representing the Petitioners to the satisfaction of the Registrar of the Shillong Bench of the Gauhati High Court. 27. In the result, the writ petitions stand allowed. Petition allowed