KITME M. SANGMA Vs. STATE OF MEGHALAYA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF MEGI IALAYA, SHILLONG

JUDGEMENT

(1.) The petitioner seeks an appropriate writ directing the respondents to pay compensation for the unprovoked killing of her husband in gross violation of his human rights.

(2.) I have heard Mr. S.P. Mahanta, learned Counsel for the petitioner, Mr. N.D. Chullai, learned State Counsel, for respondent Nos. 1, 2, 3. 4. 6, and 7 and Mr. P. Dey, learned Additional C.G.S.C. for respondent No. 5.

(3.) The basic facts forming the factual back round are outlined in the pleadings of the parties. The pleaded case of the petitioner is, that while she alongwith her husband Teseng Marak with their infant children were sleeping in their house at village Mekdual Adinggre, in the night of 8.9.1999. 18/20 C.R.P.F. and Police personnel including the Incharge of Kalaichar Police Outpost Shri Linberth S. Marak, armed with firearms trespassed into the house. Two C.R.P.F. personnel carrying guns and torchlights kicked upon the door and after focusing the torch beam inside the room instantly shot her husband while in bed without any rhyme or reason whatsoever. According to her, the incident was witnessed by the villagers including the Nokma (the village Headman). The security forces thereafter forced the villagers at gunpoint to carry the dead body of the petitioner's husband to Kalaichar Police Outpost. The dead body was thereafter forwarded to Tura for post mortem, but the petitioner, because of her poor financial condition could not even retrieve the body to perform the last rites. In connection with the incident, the Incharge of the Kalaichar Police Outpost named above filed an F.I.R. on 9.9.1999 before the Mahendraganj Police Station mentioning inter alia that on 8.9.1999 at 9:30 a.m. statin that Shri Sunand Kumar. Deputy Commandant of 65 Battalion C.R.T .F., alongwith his staff had compelled him to accompany the party to Mekdual Adinggre village where in process of conducting the search of the house and premises of Teseng Marak, one Subhash Pandit shot him, as a result of which he sustained bullet injuries to which he ultimately succumbed. The F.I.R. mentioned that U.D.A. case was registered being U/D Case No. 17/99 and that the informant had taken up the investigation.