Compensation ordered
Source: The Sangai Express
Imphal, January 22 2015:
In a judgement delivered by the High Court of Manipur at Imphal today in connection with the case of Ningthoujam (O) Sunibala Devi Vs Union of India & 3 others (WP (C) No 75 of 2008), the High Court ordered that Rs 5 lakh be paid as compensation to the petitioner, Ningthoujam (O) Sunibala Devi.
The compensation is to be paid by the Union of India and authority of Border Security Force (BSF) .
According to case dossier, on February 1, 2007 there was a Thabal Chongba programme at Nongpok Sekmai Lila Kambong playground, Thoubal district.
At around 8 pm some personnel of 172 Bn BSF came in an armoured vehicle at the venue.
At around 9.30 pm when the Thabal Chongba programme was on in full swing, some armed assailants fired a few rounds upon the 172 Bn BSF personnel, as a result of which one of the BSF personnel who received bullet injury on his leg fell down from the armoured vehicle.
When the assailants immediately left the place, the BSF personnel started firing indiscriminately towards the crowd at the playground and as such two persons namely Yambem Kala Singh and W Bikram Singh sustained bullet injuries.
Thereafter, the BSF personnel left the place.
At that point of time the petitioner's husband Ningthoujam Thopchao alias Ranbir Singh along with his three friends, who were at Shikhong Sekmai Bazar started returning home.
When they reached the southeastern side of the 172 Bn BSF post, they found the personnel of BSF frisking the public.
They were asked to raise their hands and were interrogated by BSF personnel and thereafter they were asked to proceed.
When they reached the main gate of Nongpok Sekmai Primary Health Centre, the BSF personnel from the bunker situated inside the PHC fired towards them.
The petitioner's husband sustained injury and when his friends were about to pick up the petitioner's husband, they were not allowed to do so and were asked to leave the place.
At around 11.30 pm the BSF personnel took the petitioner's husband to RIMS hospital.
However, he succumbed to injuries at the hospital that very night.
The BSF personnel claimed that the petitioner's husband sustained bullet injuries during exchange of fire between the armed militants and the BSF personnel.
However, the Judicial inquiry conducted in pursuance to the High Court's order negated the plea of the BSF and as such, M Ibohal Singh, Additional District and Sessions Judge (FTC), Manipur West concluded in his Judicial inquiry report that the bullets fired by the BSF personnel from their bunker caused bodily injury to the deceased Ningthoujam Thopchao alias Ranbir Singh and personnel of 172 Bn Border Security Force (BSF) are responsible for the killing of the petitioner's husband.
By accepting the findings of the Judicial inquiry, the High Court of Manipur has awarded Rs 5,00,000/- as compensation under public law domain for the violation of the inalienable human rights of the petitioner's husband by personnel of 172 Bn Border Security Force.
It is made clear that the said amount of compensation is to be paid by the Union of India represented by the Defence Secretary, Ministry of Defence, Government of India; the Home Secretary, Ministry of Home Affairs, Government of India and the Commanding Officer, 172 Bn Border Security Force within three months.
In the present case, Meihoubam Rakesh, Advocate appeared on behalf of the petitioner.
The present writ petition has been filed with the active initiation of Human Rights Law Network (Manipur) .