ASEMO LOTHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the writ petitions have been filed praying for appropriate action against the CRPF Personnel of 61 Bn. Merapani who at the relevant point of time were stationed in the particular place in which the incident of firing took place as a result of which the son of the Petitioner in the first writ petition being WP(C) 177(K)/2007 died and the Petitioner in the second writ petition being WP(C) No. 253(K)/2007 got injured resulting in 70% disability. Presently his movement is restricted on a wheel chair.

(2.) The fact is not in dispute. It was on 13.9.1994, the deceased and the injured while was coming from Merapani side of Assam towards Nagaland on a motor cycle, they were intercepted by the CRPF personnel of 61 Bn. In the check post. According to the Petitioners after intercepting them, the said personnel took recourse to firing without any provocation, as a result of which the son of the Petitioner in WP(C) No. 177(K)/2007 died at the spot and the Petitioner in WP(C) No. 253(K)/2007 got critically injured.

(3.) In support of the case of the Petitioners, they have stated in the writ petitions that the two persons involved in the incident were coming towards Nagaland on a motor bike bearing registration No. UP-65-J-9220 and when they were about 70-80 mtrs. away from the check gate, the security personnel on duty without any provocation, suddenly fired at the duo and thereby killed the son of the Petitioner in WP(C) No. 177(K)/2007 and injured the Petitioner in WP(C) No. 253(K)/2007.