WAHEDA BEBE Vs. STATE OF MANIPUR REPRESENTED BY COMMISSIONER/SECRETARY (HOME)

JUDGEMENT

(1.) This application has been filed by the petitioner seeking compensation of a sum of Rs.50 lakhs on account of death of the petitioner's husband namely Mr. Sidique @ Shiena Khan caused by the personnel of 28th Assam Rifles in a fake/fictitious encounter.

(2.) While the petitioner's husband was leading a normal life, he was summoned through Md. Azimudin by the personnel of Assam Rifles. Accordingly, he left home along with Md. Azimudin on 8.12003 at around 3 PM. While the petitioner's husband was on his way to his destination, the petitioner happened to meet him and on being asked petitioner's husband replied that he was going to Assam Rifles' camp located at Thoubal but on 9.12003 the petitioner was informed by some local people that dead body of her husband his lying in Lilong mortuary.

(3.) In such event, it has been pleaded that there has been every reason to believe that it was the personnel of 28th Assam Rifles who killed her husband at Pitchi Ching (hill) at Thoubal District and then the personnel of Assam Rifles came with the false plea that the petitioner's husband has been killed in an encounter and on such allegation a case was lodged which was registered as FIR Case No.105(12)03 YPK PS u/s 121/121-A/307/34 of the Penal Code and also u/s 25(1-C) Arms Act and 13 UA(P) Act against the petitioner's husband.