NINGTHOUJAM ONGBI MAIMU DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr.Kh.Mani, learned counsel for the petitioner and also Mr.R.S.Reisang, learned GA appearing for the respondents.

(2.) IN this writ petition, the petitioner, who is the mother of late Ningthoujam Binoy @ Khaiba Singh, is seeking for a direction to pay compensation to the petitioner for the illegal and unjustified killing of her son late Ningthoujam Binoy @ Khaiba Singh. This court is flooded with this type of writ petition making claims, under the public law remedy, for compensation for the death of a person (said to have been killed by security personnel).

(3.) SHORT fact, leading to the filling of the present writ petition is recapitulated. On 13.11.2006 at about 4.30 p.m. Ningthoujam Binoy @ Khaiba Singh was released from the Central Jail, Sajiwa and he was received from the Jail gate by his friends and co -villagers. Ningthoujam Binoy @ Khaiba Singh had boarded a Maruti Van along with his friends and co -villagers for going back to his home. Registration number of the said Maruti Van is MN 01A 6619 and is owned and driven by one Shri Ningthoujam Mohendro Singh of Uripok Kabrabam Leikai, Imphal. It is also stated that one Shri Laishram Joykumar Singh, Advocate and counsel of Ningthoujam Binoy @ Khaiba Singh was also present at the Jail gate at the time when he (Ningthoujam Binoy @ Khaiba Singh) was released from the Central Jail, Sajiwa. However, Shri Laishram Joykumar Singh, Advocate did not board the said Maruti Van, instead he had traveled by his own scooter. When the said Van bearing registration MN 01A 6619 reached N.G.Mani College, personnel of the Manipur Police Commando stopped the Maruti Van and dragged out the occupants of the Maruti Van. All the occupants of the Maruti Van were ordered to lie down on the road side except Ningthoujam Binoy @ Khaiba Singh. While the said occupants of the Maruti Van were lying on the roadside as ordered by the personnel of the Manipur Police Commando, Ningthoujam Binoy @ Khaiba Singh was shot down by the personnel of the Manipur Police Commando who stopped the Maruti Van.