The state is vicariously liable for the unlawful actions of its personnel, and that such actions may amount to a violation of fundamental rights.

Heard Ch. Dhananjoy Singh, learned counsel for the petitioner as well as Mr. A. Jagatchandra Singh, learned Addl. Govt. Advocate appearing for the respondents.

2. Petitioners husband was employed as Taxi Driver. In course of his professional duty, he was killed on 14-8-95 by the 5th Bn. Manipur Rifle posted at Iroishemba. This petition has been espoused by his spouse claiming the following reliefs :-

"(i) issue rule nisi calling upon the respondents to show cause as to why the case of the petitioner for payment of adequate compensation and ex-gratia for the death of A. Raghumani Singh in the firing incident by the 5th Bn. Manipur Rifles.

(ii) make rule absolute.

(iii) pass order/direction which Honble Court deem fit and proper in the interest of justice.

(iv) issue a direction to make an enquiry into the case by a competent Court.

(v) pass an interim order directing the Respondents to pay ad-interim compensation and ex-gratia pending disposal of this writ petition for the end of justice."

3. During the pendency of this Civil Rule, petitioner had been paid ex-gratia grant of Rs. 20,000/- on the basis of Government Memorandum dated 21-1-1995, by which ex-gratia payment to non-Govt. servant has been fixed at Rs. 20,000/-. Considering the facts and circumstances of the case, this Court on 18-8-97 directed the State Government to appoint a Competent Officer to make an enquiry to find out as to whether the petitioners husband had been killed by the 5th Bn. Manipur Rifle posted at Iroishemba by resorting to indiscriminate firing. It is pursuant to the aforesaid direction the Government of Manipur consituted a one man enquiry with the Addl. District Magistrate by an order dated 11-9-97. After the completion of the enquiry the Enquiry Officer submitted his report on 11-11-97. The Enquiry Officer after examining the witnesses and the documents made available on the record had come to the conclusion that the deceased Shri A. Raghumani Singh died due to bullet injuries fired by the personnel of 5th Bn. Manipur Rifle. He has also found that altogether the 5th Bn. Manipur Rifle personnel fired 31 rounds of .303 BDR and 52 rounds of .303 CTN during the incident. It is the case of the respondents that on the fateful night at about 7 p.m. when the sentry on duty ordered to halt a lone vehicle (Jeep) driven by the deceased and on being refused by the driver of the Jeep, the personnel of 5th Bn. Manipur Rifle gave fire to stop the Jeep. It is shocking to notice that in order to stop a lone vehicle (Jeep) altogether about 83 rounds of .303 ammunition had been fired indiscriminately. The incident as narrated do not warrant for the 5th Bn. Manipur Rifle personnel resorting to indiscriminate firing of about 83 rounds of .303 Rifle. It is shocking incident of all right thinking people. At the most, it could be termed as "trigger happy," without any restraint. As a disciplined uniform personnel, the personnel of the 5th Bn. Manipur Rifle posted at Iroishemba had to restrain itself. This unfortunate incident involving the valuable life could have been averted. This is also the view of the Enquiry Officer that considering the facts as narrated above, the quantum of firing could have been restrained. This would clearly show that the firing was indiscriminate.

4. Post-mortem on the body of the deceased had been conducted on 15-8-95 at about 8 a.m. in the RIMS morgue. On examination by the Doctors, the following external injuries were found on the body of the deceased.

" 1) Entrance wound of bullet, 6 x 3 cms. over the upper region of left side chest extended from mid-line with abroded collar on medial and upper region, tract passes towards left and slightly downwards through lungs, heart causing fracture of 1st to 4th left ribs then produces an exit wound 10 x 7 cms. over the lateral region of left side chest.

2) Entrance wound of bullet, 2 x 1 cms. over the lower part back of right side abdomen, 5 cms away from mid-line and 86 cms above heel, bullet pass