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2006 DIGILAW 303 (GAU)
Pato Devi v. State of Manipur and Ors.
2006-03-28
T.NANDA KUMAR SINGH
body2006
Heard Mr. M. Devananda, learned counsel for the petitioner as well as Ms.Ch.Bidyamani Devi, learned GA for the respondents. [2] It appears from record that vide order of this court dated 20.3.2006, 7 (seven) days' time had been granted as a last chance for filing Affidavit-in-opposition as prayed for by Mr.Th.Ibohal, learned GA. Till today the respondents have not filed their Affidavit-inopposition, instead they prayed for adjournment of this case. [3] Considering the nature of this case, the prayer for adjournment of the present writ petition is not entertained. [4] The factual panorama of the petitioner's case is that the petitioner's husband, namely (late) Binda Sahani is a permanent resident of Titoura, PS Madhuban, East Champaran District, Bihar and he was residing at Nagamapal Lamabam Leikai, PO Lamphel, PS Imphal, Imphal West District, Manipur for running a grocery shop and PCO at Nagamapal Laimayum Leirak, Imphal for a number of years. On 9.12.2001 at about 6.30 PM the petitioner's husband was said to have been kidnapped by some armed youths from the said shop without giving any reason and taken away in a Jeep dark green in colour. On the next morning i.e. 10.12.2001 death body of the petitioner's husband riddled with bullet injuries was found at the RIMS Road. It is also said that the petitioner's husband was shot death in the night in between 9.12.2001 and 10.12.2001. For the said incident an FIR being No.237 (12) 01 LPS under Section 302/34 IPC & 25 (I-B)A Act dated 10.12.2001 was registered. [5] According to the petitioner, there is a scheme framed by the Government of Manipur for payment of ex-gratia to civilians in the event of death due to unjustified police/security force action or extremist action to the extent of Rs.1 lakh (Rupees one lakh). Under the subsequent orders of the Government of Manipur being No.1(1)/26/97-H(pt.2) dated 6.8.1998 the said ex-gratia of Rs.1 lakh is to be paid on the recommendation of the Screening-cum-Ordination Committee constituted by the State Government in that behalf to the next of kin of any person who found missing or lost his life in fire due to burning down of house in an ethnic/communal clash in the State of Manipur, copy of which is available at Annexure-A/2 (colly) to the present writ petition.
In pursuance of the said order of the Government of Manipur dated 6.8.1998 the Governor of Manipur was pleased to constitute a Screening-cum-Co-Ordination Committee consisting of (1) The Deputy Commissioner of the District, (2) The Additional Deputy Commissioner/Additional District Magistrate of the District, (3) The Superintendent of Police of the District, (4) The sub- Divisional Officer of the Sub-Division concerned, (5) The Sub- Divisional Police Officer of the Sub-Division concerned and (6) The Chief Medical Officer of the District vide order of the Government of Manipur dated 24.9.1998, copy of which is available at Annexure-A/3 to the present writ petition. The duly constituted Screening-cum-coordination committee in its meeting held on 26.4.2005 had considered the case of the petitioner's husband and others and recommended the case of the petitioner's husband for payment of ex-gratia amounting Rs.1 lakh. Copy of the proceeding of the said committee is available at Annexure-A/4 to the present writ petition. It is said that, thereafter the Joint Secretary (Home), Government of Manipur under his letter being No.4/14(14)/2002-H dated 15th July, 2005 requested the Deputy Commissioner, Imphal West for clarification of the report in respect of 16 (sixteen) persons including the petitioner's husband. [6] The learned counsel for the petitioner, in order to substantiate case of the petitioner has drawn attention of this court to the earlier judgment and order of this court dated 17.11.2005, passed in WP© No.987 of 2005 filed by one N.Lilakumar Singh for payment of ex-gratia for the death of late N.Ingobi Singh whose case had been recommended along with the case of petitioner's husband by the said Screening-cum-coordination Committee in its meeting held on 26.4.2005, directing the respondents to pay ex-gratia amounting to Rs.1 lakh to the next of kin of the deceased namely, N.Ingobi Singh. Basing on the earlier judgment and order of this court dated 17.11.2005 passed in WP© No.987 of 2005, learned counsel for the petitioner submits that the present case is squarely covered by the earlier judgment and order of this court dated 17.11.2005 inasmuch as the case of N.Ingobi Singh, for whom, this court passed the said judgment and order dated 17.11.2005 directing the respondents to pay ex-gratia amount of Rs.1 lakh is also said to have been recommended by the said Screening-cum-co ordination committee along with the petitioner's husband in its meeting held on 26.4.2005.
[7] Considering the submission of learned counsel of both the parties and also on perusal of the recommendation/proceeding of the Screening-cum-co ordination committee held on 26.4.2005, I have no hesitation to come to the conclusion that the petitioner is entitled to get the similar relief granted by this court by passing the judgment and order dated 17.11.2005 in WP© No.987 of 2005. [8] Accordingly, the respondents are directed to pay a sum of Rs.1 lakh only as ex-gratia to the next of kin of the deceased Binda Sahani i.e. husband of the petitioner in terms of the existing scheme of the State Government within a period of 2 (two) months from the date of receipt of certified copy of this order. Writ petition is allowed to the extent mentioned above. Parties are to bear their own costs.[ 2006 DIGILAW 303 (GAU) · digilaw.ai ]