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2011 Supreme(Gau) 632

T.NANDAKUMAR SINGH, HRISHIKESH ROY
Phijam (Ningol) Pheiroijam (On-Gbi) Ritachanu – Appellant
Versus
Union of India & Ors. – Respondent


Advocates Appeared:
Advocate appeared for the Petitioner:Mr. M. Rakesh, Advocates appeared for the Respondents:Mr. Amarjit Naorem, CGSC & Mr. Th. Ibohal, Sr. Advocate

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,
















































































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