The Gauhati High Court today directed the defence ministry to pay Rs 1 lakh as compensation to a person for violation of the right to privacy by Army men during a search at his house.
A division bench of Justices Ujjal Bhuyan and Nelson Sailo, in its judgment on a plea filed by Surajit Gogoi, held that the right to privacy of the petitioner under Article 21 of the Constitution was violated by Army personnel.
The bench directed the ministry to pay a compensation of Rs 1 lakh to Gogoi.
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The petitioner may approach the appropriate civil court of competent jurisdiction for compensation for any other claims within four months, the judges said.
The court directed the Union of India and Army authorities to review the modalities of such operation and issue necessary guidelines "so that collateral damages are minimised, if not at all eliminated".
Gogoi had filed a writ petition before the High Court alleging that some Army personnel unauthorisedly entered his house in his absence on the night of December 21, 2011.
He claimed they covered the eyes of his wife, two sons and a daughter and took away cash and jewellery along with other valuable items and documents.
Thereafter, a police case was registered under relevant IPC sections at the Jorhat police station.
The petitioner had sought a CBI inquiry into the case and compensation for the illegal raid by the Army at his house.
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