T. Nandakumar Singh, J.-

By this writ petition, the petitioner, wife of late Pheiroijam Sanajit Singh, is seeking monetary compensation (by way of public law remedy) as exemplary damages for established infringement of indefeasible right of her late husband, under Article21 of the Constitution of India inasmuch as the award of compensation as a public law remedy is in addition to the private law remedy under the law of torts.

2. Heard Mr. M. Rakesh, learned counsel for the petitioner and Mr. Amarj it Naorem, learned CGSC appearing for respondent Nos. 1,2,3 and 4 as well as Mr. Th. Ibohal, learned senior G. A, appearing on behalf of respondent No.5 and 6.

3. The succinct facts, leading to filing of the present writ petition, are recapitulated;

The petitioner is a simple and unsophis­ticated housewife of late Pheiroijam Sanajit Singh, resident of Nongada Awang Leikai, PO, Lamlong, RS., Lamlai, Imphal East District and she has two minor children namely, baby Pheiroijam Sanjita Devi and Master Pheiroijam Benjamin Singh, aged about 4 and 2 years respectively.

4. On 31.05.2004 at about 1.00 a.m. (0100 hrs) a team of Army personnel of 19 Rajput Rifles (Bikaner) stationed at Leimakhong, Imphal, without giving any warning broke the door and entered into the house of the petitioner while they were fast asleep. All the Army personnel wore combat (camouflage) dress; some of them covered their faces with black cloth. In the house of the petitioner, her husband, her two minor children and two elder brothers of her husband, Shri Pheiroijam Itocha Singh, PW-1 and Pheiroijam Ibomcha Singh, P W-2 and other family members were also sleeping in their respective rooms at the time the personnel of 19 Rajput Rifles broke the door and entered into the house on 31.05.2004 at about 1.00 a.m. The said Army personnel pulled out the petitioner's husband, late Shri Pheiroijam Sanajit Singh and his elder brothers, Shri Pheiroijam Itocha Singh, PW-1 and Pheiroijam Ibomcha Singh, PW-2 from their respective rooms. They were made to squat just below the verandah of their house and a powerful torchlight flashed on their faces one after another. Of the saidArmy personnel one Manipuri speaking personnel asked who is Sanajit. The said Manipuri speaking personnel got hold of Shri Ph. Ibomcha Singh, PW-2 and took him towards the gate. Shri Ph. Ibomcha's minor son, master Ph. Helemba Singh shouted in Manipuri 'Baba, where are you going, Baba', but one of the Army personnel got caught him by his neck and threatened him not to follow his father. The said Army personal came back and took away petitioner's husband Ph. Sanajit Singh. However, Ph. Ibomcha Singh was set free from the main road and petitioner's husband was taken away with them without issuing arrest memo.

5. The petitioner and other members of her family requested the Army personnel not to take her husband away. At the time of arresting the petitioner's late husband, Ph.Sanajit Singh by the Army personnel he was wearing only a Manipuri traditional cloth used by man at home i.e. "khudei". Despite request for releasing the petitioner's husband the Army personnel took him away without giving an opportunity of wearing a trouser and shirt,

6. The petitioner and members of her family, having no alternative, approached the Lamlai Police Station, which is about 1 Knis from her house. At the time of approaching the Police Station, the petitioner's brother-in-law Shri Ph.Itocha Singh, PW-1, elder brother of her husband was accompanied by some neighbours and local woman i.e. members of the local lady organization. They were not allowed to enter by the sentry of the Police Station at the gate and asked them to come in the next morning only. They have to come back in dismay and have to wait for the day break. The petitioner and her family members including their village folk started looking for petitioner's husband in and around the village. On the next morning i.e. 31.05.2004 the petitioner along with some members of the local

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