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july 2019

Supreme Court of India · 2019-07-26

Union Of India vs Juna Gayary

Citation / case number
AIR 2019 SUPREME COURT 4550
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Juna Gayary
Author
M.R. Shah
Bench
A.S. Bopanna, M.R. Shah

Judgment text excerpt

The Supreme Court upheld the Gauhati High Court's directive for a CBI investigation into the death of Someswar Gayari under Article 226 of the Constitution of India, emphasizing the need for accountability in cases involving military personnel and civilians. The Court noted that the District & Sessions Judge's report indicated that the deceased was in the custody of the Indian Army prior to his death, contradicting the army's claim of an encounter. The Court affirmed the High Court's findings and dismissed the appeals by the Union of India and others, reinforcing the principle that state actions must be subject to scrutiny to ensure justice.

Union Of India vs Juna Gayary · Niyam