S KAHAOWON Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. R. Daniel, learned counsel for the petitioner, Mr. C. Komal, learned CGSC for respondent Nos. 1 to 7 and Mr. Th. Ibohal, learned GA for the respondent No. 8.

(2.) IT is said that the petitioner is the only legal wife of late S. Paisho, who was a member of the VVF (Village Volunteer Force ). Late Shri S. Paisho joined VVF in the year 1983 and later on promoted to the post of Sector Leader.

(3.) ON 11. 3. 1996 at about 3/4 a. m. the 20th Assam Rifles Post at Huishu Village, i. e. the petitioner's village was attacked by members of the NSCN (IM ). On being attacked by the members of the NSCN (IM) at the 20th Assam Rifles Post at Huishu Village, the petitioner, her husband late S. Paisho along with members of their family members namely-<FRM>JUDGEMENT_26_GAULT1_2007Html1.htm</FRM> and other villagers of Huishu village were proceeding towards Poi VVF Camp and on their way they were apprechended at Shorok Paddy Field about 1 Kms. to the east of their village by the Assam Rifles Personnel about 40/50 in number led by one Capt G. K. Sharma. It is also said that some of the villagers of the Huishu Village who were apprehended along with the petitioner, her late husband Shri S. Paisho and their party on that day are :<FRM>JUDGEMENT_26_GAULT1_2007Html2.htm</FRM> All the arrested persons and petitioner's husband late S. Paisho were blind folded and forced to walk just in front of the army personnel (Personnel of 20 Assam Rifles) and one of the AR personnel took position by resting his LMG upon the shoulder of late S. Paisho and fired indiscriminately towards the main housing side of the village by making late S. Paisho, as his human shield. It is said that the petitioner, her late husband, S. Paisho and others were taken inside the camp of 20th Assam Rifles Camp at Huishu Out Post and subjected to indiscriminate torture by resorting to 3rd degree method and all of them were beaten black and blue inside the camp.