PEMLA SHAIZA AND ORS. Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) THESE three writ petitions, not only arise out of the same incident but also the reliefs claimed in all the writ petitions are same except the quantum of compensation. Therefore on consent of learned counsel appearing for the parties all the cases were taken up for hearing and are disposed of in this common judgment.

(2.) THE brief facts leading to the incident are that on 29.8.1998 late Thenucho Chakesang, former Speaker of Nagaland Legislative Assembly who had security risk having 'Y' category security cover was coming from Nagaland to Imphal in a Maruti 1000 Car bearing NL -01/1005 with his Driver and two armed security guards. After staying for some time in the house of one of his friends in Imphal, he was proceeding towards Imphal Airport in the said Car along with his friend, a retired Major. When the incident took place, there were 5 occupants in the vehicle, i.e. Thenucho Chakesang, Ex Speaker of Nagaland Legislative Assembly, Retd. Major S. Shaiza, the driver Rukoshele of Phek District Nagaland and his two armed body guards belonging to Nagaland Police, namely Tusovehu Chakesang and Kikheto Sema. Both the body guards were armed with 1 AK 47 assault Rifle each and were sitting in the rear seat of the Car. When the Car reached Kwakeithel Akham Leikai on Tiddim Road, the Manipur Police Commandos of three sub -units "ECHOS' fired several rounds led by SI Krishnatombi from their respective fire arms. As a result of such firing, there were 39 bullet holes on the said Maruti Car and some bullets directly hit the occupants of the Car. In course of the incident Shri Thenucho Chakesang, Ex Speaker, Nagaland Legislative Assembly, received gun -shot injuries on his person and Retd. Major, S. Shaiza who was sitting on his left side of the front seat, also received 10 gun -shot injuries and succumbed to the injuries within few minutes on his way to J.N. Hospital, Poromplat Imphal. The other three occupants including the two body guards also received gun -shot injuries and died instantaneously in the car itself. In course of such incident one civilian namely Hidam Budha Singh who was working in his homestead land nearby was also hit by a bullet and died on his way to the hospital within few minutes after the incident.

(3.) FROM the report of the enquiry Commission annexed as Annexure -A/13 to W.P(C) No. 1647 of 2000, it appears that 36 witnesses were examined in course of such enquiry and several documents were also produced. The Commission found that the former Speaker of Nagaland Legislative Assembly was a protected person and was entitled to security as provided to him by the Govt. of Nagaland. On analysis of evidence, the Commission ultimately came to the following conclusions: