NG. CHANDRAMANI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the petitioners having lost their respective sons in an encounter, have filed this writ petition claiming compensation of Rs. 10,00,000/ - (Rupees ten lakhs) each. The case of the petitioners is that the petitioner no. 1 is the father of deceased Ngasepam Asothama Singh and petitioner no. 2 is the mother of deceased Abung Rongmei. Both the deceased persons were very closed friends and were prosecuting their studies. On 02.08.2000, both the deceased persons were in the residence of deceased Ngasepam Asothama Singh. A few minutes later the said deceased Asothama Singh took his scooter bearing registration No. MN -1H7983 informing his family members that he would drop the other deceased along with a gas cylinder in his residence. Since the deceased did not come back home that night, parents made enquiry and received information that two boys had been killed by the personnel of the 12th Assam Rifles in the night of 2.8.2000. Subsequently both the petitioners identified the dead bodies in the RIMS Morgue and as per the post mortem report they had died because of hemorrhage associated with head injury resulting from firearm and the death was homicidal.

(2.) PARENTS of the deceased persons accordingly have filed this writ petition for payment of compensation of Rs. 10.00 lakhs to each of the petitioner.

(3.) A separate counter affidavit has been filed by the respondents 1, 3 & 4 wherein while denying the allegations made by the petitioner, it is stated that on being fired by the two deceased, action was taken by the Assam Rifles for self defence and such firing was not a punitive action.