State liability to pay compensation under public law for the violation of fundamental rights is based on strict liability, which is distinct from private law tort claims and not barred by sovereign immunity, ex-gratia payments, or the availability of alternative civil remedies.

JUDGEMENT AND ORDER (CAV)

The instant writ petition has been filed by the 3 (three) petitioners with the following prayers:-

i) to direct the Respondents that 1(one) family member of each petitioner no. 1,2 and 3 be given employment in the government service within the State or Central Department.

ii) Pass an order of monetary amends as a mode of redressal by ordering the Respondents to pay compensation amount of Rs.50 lakhs (Rupees fifty lakhs) each in favour of petitioner No. 1 and 2 who are the biological brothers of deceased Aso and Tüzali for flagrant infringement of Article 21, 14 and 15 of the Constitution; for depriving them of their right to life and for failing to secure their rights by the Respondents keeping in mind the mental trauma and irreparable loss incurred to the family consequent upon their unjustified killing.

iii) Pass an order of monetary amends as a mode of redressal by ordering the Respondents to pay compensation amount of Rs.50 lakhs (Rupees fifty lakhs) in favour of petitioner No.3 for the permanent injury inflicted upon her and for preventing her from enjoying her fundamental rights under Article 14, 15, 19 and 21 guaranteed by the Constitution due to the act of omission and commission by the Respondents.

2. The facts of the instant case is that on 15.07.2015, a patrolling unit of 12 Para Commandoes (SF) and 46 Assam Rifles was engaged in a shootout with NSCN (K), one of the insurgency groups in Nagaland. This incident took place in Avangkhu Village, Meluri Sub-Division, Phek District. In the shootout two (2) cadres of the NSCN-(K) were killed one of them being from Wuzu village. On the next date i.e., 16.07.2015 the villagers of Wuzu village gathered at Wuzu village to request Major Surinder Singh of the 46 Assam Rifles to handover the mortal remains of one of the slain NSCN (K) cadre who hailed from their village in order to give him a proper burial as per the customary practices of the Nagas.

3. While the villagers were pleading with Major Surinder Singh, a blank fire was fired by the occupant of the Gypsy vehicle of the Army convoy which was immediately followed by indiscriminate firing upon the innocent villagers by the occupants of the fourth and fifth vehicles in the Convoy of the 46 Assam Rifles /12 Para Commandos(SF). The spot where the firing took place was outside the residence of one Shri Yichuli. The firing lasted for 20 minutes and the convoy fled away thereafter towards their camp at Akhegwo.

4. In the indiscriminate firing by the 46 Assam Rifles and 12 Para Commandos (SF), under the Respondent Nos. 1, 2, 5, 6 and 8, Miss Aso, aged 13 years, and Mr. Tüzali, aged 14 years were killed and the petitioner No. 3 was injured in her right arm.

5. The petitioner Nos. 1 and 2 are the brothers of the two (2) children, Ms Aso, aged 13 years, and Mr. Tüzali, aged 14 years who were killed and the petitioner No. 3 is a survivor of the incident who has been permanently disabled for life as the injuries sustained from the bullets caused permanent injury.

6. Heard learned counsel for the petitioners Ms. Neiteo Koza, Mr. Yangerwati, learned CGC for respondents 1, 2, 5, 6 & 8 and Mr. L.T. Sangtam learned Addl AG for the respondents 3, 4, and 7.

7. It is submitted by the learned counsel for the petitioner that the 2 (two) Children who were killed, were outstanding students, and obedient and sincere children. However, their lives have been cut sh