TEKARONGSEN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Temjenkaba, learned counsel for the petitioners. Heard also Mr. K.Meruno, learned Sr. Central Govt. Standing Counsel representing the respondents Union of India and also heard Mrs. Y. Longkumar, learned Government Advocate appearing on behalf of the State of Nagaland.

(2.) The allegations brought in this writ petition depict a tragic story of killing and maiming innocent civilians by the Army personnel in the name of so called encounter with the under-grounds. In the instant case a minor son of the petitioner No.2 namely; Kharichujang aged about 15 years, a student of Class-VIII in Mayangnokcha High School, Mokokchung was killed by bullet fired indiscriminately by Army personnel of 12th Madras Regiment in the night at about 10 P.M. on 28.6.1997 at Mangmetong village. It is complained that in the said firing, other two innocent persons including a minor girl had also suffered bullet injury. Shri Imkongkumzuk, the owner of the house No. 16A upon whose house the Army personnel opened firing, received bullet injury on his left thigh when Miss Yangertola the daughter of Shri Tongpangmeren aged about 13 years, a student of Class-VI in Govt. Middle School Mangmetong, received bullet injuries on both her thighs.

(3.) By filing this writ petition, a direction was sought for from this Court to hold a judicial enquiry for the incidents that took place on 28.6.97 at Mangmetong village caused by the Army personnel of 12th Madras Regiment posted in the village at that point of time and also for a direction to the respondents to pay adequate compensation to the deceased late Kharichujang and two other injured persons named above.