M CHONGACHA TANGKHUL Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ application has been filed by the petitioner claiming ex gratia/compensation of Rs. 20, 000/- for the death of his son Mr. M. Tharthing aged about 28 years.

(2.) The case of the petitioner is that on 22-5-1990 at about 6 p.m. he was apprehended by the security personnel of 20th Assam Rifles and on 23-5-1990 at about 1.30 a.m. the son of the petitioner was brutally shot dead by the security personnel of 20th Assam Rifles at Shiroi Chingkha village in the presence of the petitioner and other two villagers of Shiroi namely, (i) Mr. V.C. Titus and (ii) Miss Joycee. Thereafter, the dead body was handed over to the members of the family after post mortem. A representation was filed for payment of ex gratia/compensation but that was not paid, hence, this writ application.

(3.) The Governor of Manipur on 3rd July, 1989 issued an order regarding payment of ex gratia grant. That is quoted below :-"No. 1(1)/26/79-H(Pt). - In supersession of all previous orders on the subject, the Governor of Manipur is pleased to prescribe under mentioned rates of ex gratia grant payable to the different categories of the officers/officials under the Government of Manipur or their families, non officials and SF/CRPF personnel for relief/rehabilitation of affected families in the event of death/grievances hurt sustained in performance of their duties as well as civilians who become victims of extremist/unjustified police/S.F. Action.'