S GINJAM Vs. UNION OF INDIA; COMMANDANT; STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner having lost his son due to indiscriminate firing by the members of 3rd Bn. Raj Rifles has filed this writ petition for payment of compensation of Rs.10,00,000/- (Rupees ten lakhs).

(2.) It is alleged by the petitioner that on 20th August,2006 at about 6.45 PM the son of the petitioner namely, S. Thawngkhanlian Ngaihte along with about 25- 30 other persons were standing at the verandah of the Vengnuam EBC Church attending Church service "Holy Communion" as the said church was fully packed inside. While the service was going on a sound of firing was heard from the western side of the Church. At that time a van occupied by the personnel of 3rd Raj Rifles along with two bullet proof jeeps were moving towards the southeastern side of the said Church. Suddenly indiscriminate firing was made from the said vehicle towards the Church from the south-eastern direction and in view of such indiscriminate firing 5(five) people outside the Church sustained bullet injury and the son of the petitioner who received bullet injury on his left shoulder died at the spot.

(3.) When the writ petition was pending before this Court, by order dated 15.06.2009, the Court directed the learned District Judge,Manipur West to conduct an enquiry and submit the report. In pursuance of the said order, the leaned District Judge, Manipur West conducted an enquiry and submitted his report dated 20th February,2013 before this Court. On analysis of evidence adduced in course of the enquiry, the learned District Judge found that the death was due bullet injury fired from the direction where the army had parked their vehicles after crossing the EBC Church. He also found that there is no cogent evidence of a cross firing taking place at the place of occurrence.