GURUMAYUM SANAHAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) These nine Writ Applications were clubbed together for hearing on the request of the learned counsel appearing for the parties considering the fact that the prayer in all the writ petitions is for payment of compensation on allegation that ten civilians were killed by the personnel of 8th Bn. Assam Rifles in an incident which occurred on 02.11.2000 at Malom Boroi Makhong, Tiddim Road, Imphal West. Since all the cases relate to the same incident in which ten civilians died, an enquiry was conducted by the learned District & Sessions Judge, Manipur East under order of the High Court and report has been submitted. Therefore, all the cases were taken up for hearing together and are disposed of in this common judgment and order.

(2.) In WP(C) No. 1267 of 2002, the petitioner is the father of late S. Prakash Singh who was killed in the said incident. The deceased son of the petitioner was only 13 years of age and was prosecuting his study in Class-XI.

(3.) The stand taken by the respondents in the enquiry was that on 2.11.2000 at about 3.20 p.m. a column of vehicles consisting of three vehicles left the Unit Technical HQs and was proceeding to Churachandpur road. An improvised explosive device was exploded by the undergrounds near the vehicle of the column followed by heavy volume of indiscriminate firing in the area of Malom Makha Leikai on the eastern side of the road. The last vehicle of the column narrowly escaped the full impact of the blast. However, its body was bullet ridden on the left side. The troop carried out swift counter ambush and returned fire towards the undergrounds located on the east of the road in self defence. Two jawans sustained gun shot injuries due to the firing from the side of the undergrounds. It is also the stand of the respondents that the undergrounds fired indiscriminately from the east side of the road towards the vehicle column and also hit the civilians who were waiting near the local Bus shed on the western side of the road. After the firing was over, when search was conducted in the area along with State Police, two dead bodies were found near the ambush site wherefrom the militants were firing and eight dead bodies of the civilians including one woman were found in the vicinity of the Bus stand on the western side of the road. Some arms and ammunitions were also seized from the place and report was submitted before the Officer in-charge of Nambol Police Station.