NINGTHOUJAM ONGBI MAIMU DEVI Vs. STATE OF MANIPUR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) HEARD Mr.Kh.Mani, learned counsel for the petitioner and also Mr.R.S.Reisang, learned GA appearing for the respondents.

(2.) IN this writ petition, the petitioner, who is the mother of late Ningthoujam Binoy @ Khaiba Singh, is seeking for a direction to pay compensation to the petitioner for the illegal and unjustified killing of her son late Ningthoujam Binoy @ Khaiba Singh. This court is flooded with this type of writ petition making claims, under the public law remedy, for compensation for the death of a person (said to have been killed by security personnel).

(3.) FOR the said incident a false case was filed by one Havildar namely Kh.Inaobi Singh of Manipur Police Commando, Imphal West with the Officer -in -charge, Imphal Police Station that on 13.11.2006 at about 3 p.m. he (Kh.Inaobi Singh), personnel of the Manipur Police Commando received reliable information that some underground elements are moving in a vehicle in Khurai area in order to commit prejudicial activities. On receipt of the said information he and other Police personnel conducted search of the Maruti Van bearing registration number MN 01A 6619 coming from the northern side towards Khurai Lamlong Bazar; and asked the occupants to get down from the Maruti Van for verification. Eight unknown youths got down from the said Maruti Van. While frisking the occupants of the Maruti Van, one of the youths attacked and attempted to snatch the service weapon of a Police personnel namely Constable No.0101031, Th.Herojit Singh. There was a brief fight between the said Police personnel and the unknown youth and during the course of fight some rounds were fired and hit the unknown youth, who is suspected to be an underground member. The unknown youth succumbed to his injuries at the spot; on receiving the report a regular case being FIR No.129 (11) 06 Lamlai P.S. under Section 384, 353, 511 IPC and 20 UA (P).