ASEM ONGBI DAMAYANTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions relate to an incident that took place on 9.4.2002 in which two persons died having received bullet wounds. The petitioner in WP(C) No. 647 of 2007 is the mother of deceased Y. Robita Devi and petitioner in WP(C) No. 646 of 2007 is the mother of the deceased Asem Romajit Singh. Both the writ petitions have been filed claiming payment of compensation. Since the two deceased persons died in course of same incident that took place on 9.4.2002, on the consent of the learned counsel for the parties, both the cases were taken up for hearing and are disposed of in this common judgment and order.

(2.) THE brief facts of the case are that on 9.4.2002 at about 2.30 p.m. some personnel of 121 Bn CRPF and 134 Bn. CRPF were returning on Pangei road in four vehicles from Koirengei after fetching drinking water. When the said vehicles were negotiating a sharp turn from Pangei bazar towards east, they were attacked by some unknown armed persons who were in a Tata Truck parked on the road facing towards north. After indiscriminate firing, the said unknown persons fled away in their Tata truck towards north. Due to such firing by the unknown armed persons, 4 CRPF personnel were killed at the spot and two other CRPF personnel sustained bullet injuries. Immediately after the said firing by the unknown persons other CRPF personnel got down from the vehicle and started firing indiscriminately and assaulting innocent civilians who were moving around Pangei bazaar area. Subsequently a large number of CRPF personnel rushed to the spot and also started firing at innocent people by surrounding the place. Thereafter, they made search of each individual house and tortured number of civilian. During such attack Asem Romajit Singh, who was waiting for his turn in a hair cutting saloon took shelter in the salon but was dragged by some CRPF personnel from out of the Saloon and assaulted. Thereafter the said Asem Romajit Singh was shot dead from a close range in front of the hair cutting saloon by the CRPF personnel.

(3.) DURING pendency of the writ petitions, an order was passed directing the District Judge, Manipur East Imphal to conduct an enquiry and submit report. The learned District Judge, Manipur East submitted the report on 2.5.2012 holding that the CRPF personnel are responsible for death of the above two deceased persons. The relevant portion of the report is quoted below: