MOIRANGTHEM GULAPI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) AN incident of firing that occurred on 20.9.2003 at about 4:20 p.m. between some unknown Underground elements and CRPF personnel at Sugnu near Sugnu Pukhri Achouba has given rise to these 7(seven) Writ Petitions claiming for payment of compensation.

(2.) THE brief facts of the cases are that on 20.9.2003 at about 4:20 p.m. some unknown extremists attacked 132nd Bn. D Coy CRPF personnel at Sugnu near Sugnu Pukhri -Achouba and there was heavy exchange of fire between the extremists and the CRPF Jawans resulting in death of one CRPF Jawan, 4(four) civilians and also resulting in injuries to 5(five) civilians. The civilians who died in course of cross -firing are -(i) (Late) Thangjam Tomba Singh, aged about 67 (ii) Late Seikholun Baite (45 yrs), (3) (late) Moirangthem Bijenti Devi, aged about 24 and (4) (late) Jamkholet Mate, aged about 35 yrs. The 5(five) injured persons who received bullet injuries are -(1) Athokpam (O) Mema Devi, 49 years, (2) Athokpam Ratan Singh, aged about 17 years (3) Smt. Kongkham Ongbi Bilashini Devi, aged about 30 years, (4) Athokpam Malem Nganba, aged about 15 years and (5) Thangjam Ibomcha Singh, aged about 42 years. The Officer in -Charge of Sugnu P.S. registered a regular case vide FIR No. 15(9) 03 Sugnu PS u/s. 121/121 -A/302/307/326/34, 25(1 -C) A. Act and 130(P) Act read with Section 25 Arms Act and investigation was taken up.

(3.) EARLIER the matter was before this Court in Writ Petition(C) No. 663 of 2007 claiming an enquiry to be conducted into the incident and the said writ petition was disposed of on 10.9.2007 directing a Magisterial enquiry into the incident. In pursuance of the said direction, a Magisterial enquiry was conducted by the Addl. District Magistrate, Thoubal and report was submitted after conclusion of the enquiry. The relevant part of the enquiry report is quoted below: