The duty of the State to protect the fundamental rights of citizens, the concept of constitutional tort, and the need to award compensation in public law proceedings for the infringement of fundamental rights.

T. NK. Singh, J.

1. Heard Mr. Y. Z. Shimray, learned counsel for the petitioner and Mr. N. Ibotombi, learned CGSC for respondent Nos. 1, 2 and 3 as well as Mr. Jalal, learned Govt. Advocate for the State respondent.

2. By This writ petition, the petitioner is seeking for a direction to the respondents to pay compensation to the kiths & kin of the deceased Mr. Padikhonang (brother of the writ petitioner) in addition to the normal civil remedies.

3. Short fact, which will suffice for deciding the present writ petition is that, at the intervening night of 29th and 30th January, 1997 at about I am a column of army personnel belonging to 12 SIKHLI, posted at Nungba Post came to Nurathel Village and cordoned the houses of the villagers and villagers were forced to assemble and remain in the village by exposing to the cold wind, till 2 a.m. Thereafter, the army personnel conducted house search of all the villagers and looted cash and other valuable properties. The said army personnel also picked up three persons namely, (1) Shri Th. Padikhonang S/o Kinhotpou (brother of the present petitioner) (2) Shri Nambidinang S/o Ngamthui and (3) Shri Khiutei S/o Chakhoure from Nurathel Village at that fateful night without any civil police and they were taken away in their custody. But in the morning of the next day, i.e. 30th January, 1997, two of the said arrested persons, namely, Shri Nambidinang and Shri Khiutei were brought back to the village, i.e. Nurathel village with their hands tied at: their back with injury marks in their persons. They were kept at the village hall i.e. Nurathel Youth Club. On demand of women folk of the village they were released and handed over to the village Chairman in the evening of the same day. On the same day, the Chairman of the village, other members of the village authority and some other villagers were asked by the army personnel of 12 SIKHLI to come with them and to see the hide out of suspected NSCN (IM) camp about 3-4 kms. away from the village. On reaching that place the villagers were forced to burn down and destroy the camp along with army personnel. On the spot, three blind folded persons with their hands tied at their back were found in the custody of the army personnel. On their return journey, after destroying the said camp the army personnel informed the villagers that one of the villagers had been killed in their encounter with the undergrounds and dead body was found lying at a distance of 1 1/2 km. away from the said camp towards the village. The dead body was shown by the army personnel to the villagers. But the villagers were shocked to see the dead body of Shri Fadikhonang who was taken to their custody on the previous night i.e. intervening night of 29th and 30th January, 1997 from Nurathel village along with the said two other persons namely, Shri Nambidinang and Shri Khiute. The dead body of Shri Padikhonang was taken to the village and was buried in the village cemetery. The army personnel also handed over three other dead bodies to the Chairman of the village that were seen in the custody of the army personnel at the said camp side. The petitioner further alleged that Shri Padikhonang was shot dead after he was taken to their Custody in the said intervening night of 29th and 30th January, 1997. The army personnel warned the villagers that they should not report the matter i.e. about the death of Shri Padikhonang to the higher authority assuring that the deceased's family would be compensated with a sum of Rs. 5000/-. Later on the village chairman of Nurathel village was compelled to receive the said amount of Rs. 5000/- in connection with the said incident, i.e murder of Shri Padikhonang by the personnel of SIKHLI while he was in their custody. On 4-2-1997 the army personnel i.e. personnel of SIKHLI lodged a report to the O. C. Nungba Police Station stating that an operation was launched to raid and destroy the underground camp in the general area of Nurathel village. And in the s