K. PETER Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner praying for payment of adequate compensation of Rs. 5,00,000/- (Rupees five lakhs) to him.

(2.) The case of the petitioner is that on 09-05-1994 at about 04.30 pm, the suspected NSCN guerrillas gunned down two Assam Rifles Officers namely Major Sunil Bakshi, the post Commander and Captain Labh Singh, Asst. Commander of the Ukhrul Town Post. One Lance Naik N.P. Singh also sustained injuries in the incident. The said incident took place a few yards from the LMP Post of the 20 Assam Rifles located in the heart of Ukhrul Town while the Post Commander was showing the layout of the Ukhrul Town to the Asst. Commander who would look after the area in his absence. Soon after the said two officers of the Assam Rifles being gunned down by the suspected NSCN Guerrilas, the Assam Rifles turned the Ukhrul Town into a war field by their indiscriminate firing with sophisticated weapons including LMG towards the public, houses, building etc. from different directions. Many bombs were landed/dropped on the roof of buildings including Church.

(3.) By filing an affidavit-in-opposition, the respondents No. 3 & 4 contested the writ petition and denied the allegations made by the petitioner. The said respondents specifically denied that there was any indiscriminate firing and bombardment at Ukhrul Town and that the Assam Rifle personnel tortured and harassed the public. According to the said respondents, on the day of incident a patrol Party of 20 Assam Rifles with a strength of two officers and 15 jawans while carrying out patrolling in Wino Bazar, Ukhrul was fired upon by a group of underground from LM Chicken shop, Oriental Tailoring Sales and Homeopathic Dispensary killing the said two officers on the spot. Two NCOs, Lance Naik N.P. Singh and Lance Naik K.C. Ghosh sustained injuries. The Jawans returned fire in self-defence, on being ambushed by the undergrounds, with utmost restraint and humanitarian consideration for the civilian in that area.