GURUMAYUM DAMARUPATI SHARMA Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-5-6
HIGH COURT OF MANIPUR
Decided on May 06,2019

Gurumayum Damarupati Sharma Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

RAMALINGAM SUDHAKAR, J. - (1.) The prayer in WP(Cril) No. 12 of 2018 is as follows:- "In the facts and circumstances of the case as stated above Your Lordship be pleased to issue a writ in the nature of Habeas Corpus ad subjiciendum or any other appropriate writ or writs directing the respondents to produce the mortal remains of Shri Gurumayum Jiteshwar Sharma @ G.M Changjou @ Gypsy who was arrested from Dimapur, Nagaland in violation of the rights and liberty guaranteed by the Constitution of India and also in contravention of the statutory provisions of the Criminal Procedure Code, 1973. To direct a probe to investigate the cold blooded murder of Gurumayum Jiteshwar Sharma of Nagamapal Singjubung Leirak by an independent investigating agency like CBI or by constituting an Independent special investigation team (SIT). To punish the Indian Army officials and other associates involved in the aforementioned cold blooded murder for which the names are tentatively mentioned at para No. 19 above."
(2.) The prayers in WP(Cril) No. 13 of 2018 are as follows:- "(i) to issue a writ in the nature of Habeas Corpus and Mandamus and / or any other appropriate Writ directing the Respondent nos. 3, 4 and 5 to produce the body of Petitioner's son and hand over the body to the Petitioner; (ii) to issue a writ in the nature of Mandamus or any other writs or order directing the Respondent no. 1 and 2 to initiate legal action against the guilty persons by registering FIR under section 154 of the Code of Criminal Procedure and other provisions thereof; (iii) to issue a writ in the nature of Mandamus or any other writs or order directing the Respondent no. 1 and 2 to constitute a high level Special Investigation Team (SIT) to carry out investigation under section 173 Code of Criminal Procedure and other provisions thereof in order to determine the facts and circum-stances leading to the murder of the Petitioner's son and also to punish the culprit in accordance with the procedure established by law; (iv) to issue a writ in the nature of Mandamus or any other appropriate Writ directing the Respondents to pay compensation to the Petitioner and family members at such rate which the Hon'ble Court deem fit and proper by estimating and measuring pain, suffering and psychological injury that the Petitioner would undergo due to sudden demise of the Petitioner's son at the hands of Respondent nos. 4 and 5;"
(3.) These two writ petitions appear to be a fall out of an affidavit filed in W.P(Cril) No.11 of 2018 by one Smt. Ranju Singh w/o Lt. Colonel Dharamvir Singh, Officer Commanding, 2 FID/3CISU (M Sector, Imphal). In that affidavit, certain statement has been made that two persons, one Gurumayum Jiteshwar Sharma @ Gypsy @ GM Changjou and another person, Thangjam Satish Singh were killed in cold blood by a team of CISU, attached to 3 Corps, Rangapahar Dimapur, C/0 99 APO after arresting them on 18.8.2011. It is alleged that they were taken away from a rented house at Duncan Basti, Opp. S.M.College, Dimapur, Nagaland. In both the cases, the next of the deceased, who are the petitioners herein, alleged that these persons were killed by the officers of 3 Corps, Rangapahar Dimapur, C/0 99 APO in a fake encounter and in both the cases, formal complaints were made to the Director General of Police, Manipur. Thereafter, no action has been taken.;


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