K L THARIKTHA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) By this writ petition, the petitioner, wife of the deceased, Sankhil Khunting @ Koko @ George of Lamkang Khunthak Thamla Khullen Village, Chandel District, Manipur, makes a claim under the public law remedy for compensation for the death of her husband; further such claim is based on strict liability by resorting to constitutional remedy provided for the enforcement of fundamental right. Heard Mr. L. Sharat Sharma, learned counsel appearing for the petitioner and Mr. RS Reisang, learned G. A. appearing for the respondents.

(2.) Petitioner's husband late Sankhil Khunting @ Koko @ George was a contractor while he was alive. In the morning at 7.30 AM of 30.9.2003 the petitioner's husband went to Singjmei side for engaging some labourers for his contract work and on his return journey to home, he was stopped by a team of Manipur Police Commando personnel near Singjamei Bazar and immediately taken to Singjamei Police Station. There was also hot exchange of words between the petitioner's husband and the police party.

(3.) On the next day, i. e. 01.10.2003 while the petitioner was eagerly waiting for his safe release from the police custody, she had been informed that her late husband's bullet ridden dead body was lying in a pool of blood on the table of RIMS Morgue for post mortem. Immediately the petitioner rushed to the RIMS Morgue and found the lifeless body of her husband guarded by police personnel who informed the petitioner that her husband was killed in an ambush laid by underground elements while he was in the custody of police personnel.