A person who is a confirmed underground member of a banned organization and is killed while trying to escape apprehension by security forces is not entitled to ex gratia payment under the Manipur Governor's Order.

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.

4. So, in order to be entitled to get the relief the person must be victims of extremists/unjustified Polices/Security Force etc.

5. An affidavit-in-opposition has been filed on behalf of the army authority as well as on behalf of the State of Manipur. In the affidavit-in-opposition filed on behalf of the army authority it is stated that M. Tharthing was a confirmed underground member of the banned National Socialist Council of Nagaland organisation. He tried to escape while being apprehended by the security force on 23-5-1990. A report dated 25th May, 1990 submitted by the army authority to the Officer-in-Charge, Ukhrul Police Station, Ukhrul (Manipur) and on the basis of this report an F.I.R. being F.I.R. No. 95(8)90 was registered. The whole of the report dated 25th May, 1990 is quoted below :-

"APPREHENSION OF HARDCORE NSCN INSURGENT M. THARTHING AGE 2O YEARS S/o M. CHONGCHA OF VILLAGE SIROHI

1. Credible information was received through own source about the presence of hardcore NSCN insurgents in the house of M. Chongcha aged 50 years S/o M. Chinachin age 80 years. Own source revealed undermentioned hardcore NSCN insurgents presence in the house of M. Chongcha a Siroi Village :-

(a) SS Lt. Phayoo Ragui of Barabasti, Ukhrul,

(b) SS Private M. Lumchumyo age 21 years S/o M. Chongcha.

(c) SS Private M. Tharthing age 28 years S/o M. Chongcha.

(d) M. Ringphami, age 25 years S/o Late M. Luingamaho of Sirohi Village (M. Ringphami on earlier for having links with NSCN in 1987-88. Statement revealed by M. Chongcha).

2. Information was also received that V.C. Titus, age 40 years, S/o Late V.C. Kangprei a contactment of NSCN was in possession of two automatic weapons on 20 May 1990. These weapons had already been sneaked in to Ukhrul town by the above hardcore NSCN insurgents and agents to carry out violence and killing of political leaders and laying ambush on Security Force convoy and killing of Security forces personnel prior to the announcement of elections results on 21 May, 1990.

3. Reacting on above credible informations operational plan was made and own troops reacted with 2 Officers and 15 others ranks to raid the house of M. Chongcha at 22.00 hours on 22 May, 1990. On reaching the location two columns under Capt S. Bhattacharjee and Capt S.K.

Kathiyal launched the raid at approx. 23.30 hours on 22 May, 1990. M. Choncha was present in his house with one K. Erabat Sing age 52 years of Village Kumbi Bazar, Imphal a carpenter by profession. On spot interrogation of M. Chongcha, he misled the security forces about the presenc