DOMNENG TOUTHANG Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-4-4
HIGH COURT OF MANIPUR
Decided on April 05,2019

Domneng Touthang Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

KH.NOBIN SINGH, J. - (1.) Heard Smt. H. Bisheshwari, learned Advocate appearing for the petitioner and Shri L. Shyam Sharma, learned Government Advocate appearing for the respondents.
(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents for payment of compensation to the tune of Rs. 8,00,000/- (Rupees eight lakhs) only in favour of the petitioner in connection with the illegal and arbitrary killing of her husband, Shri (L) Mangkholun Touthang in the custody of Commando, Imphal East on 01.09.2005.
(3.) The case of the petitioner as alleged in the writ petition, is that on 01.09.2005 at around 11:00 am, she along with her husband came down to Leitanpokpi to recover some due from the villagers of Leitanpokpi and also to buy a bag of superfine rice, vegetables and some other household items for consumption. After having completed the purchase of essential commodities and while they were waiting for a bus at Leitanpokpi at around 01.20 pm, they met a friend of her husband, late Lallenman Doungel from Wakan Village of Sadar Hills, Senapati District. Both of them decided to have drinks and accordingly, they went inside the pharmacy owned by Shri Paolam Haokip. At that point of time, the wife of Late Lallenmang Doungel was waiting for her husband at a tea hotel. Suddenly, a team of Manipur police commando, Imphal East, comprising 15 to 20 personnel led by Officer-in-Charge, Shri Mubi Singh in three Gypsy, came to Leitanpokpi Bazar and went towards the pharmacy. As the Manipur police commando personnel were approaching towards the pharmacy, five unknown persons suspected to be the cadre of Kuki National Army (KNA) fled from the pharmacy while the husband of the petitioner and late Shri Lallenmang Doungel were still at the pharmacy unaware of what was happening. But both the petitioner's husband and his friend were taken by the police commando personnel towards Likli river with their hands being tied and the wife of late Shri Lallenmang Doungel along with about 60 persons who were present at Leitanpokpi Bazar, ran towards the petitioner's husband and his friend to ascertain the reason as to why they were being treated as criminal. The request of the wife of late Shri Lallenmang Doungel to leave them, was turned down by the Police Commando Personnel who warned her not to interfere and in front of all the said persons, the police commando personnel started torturing and kicking upon them and shot them with fire arms and thereafter, the petitioner's husband and his friend, with injuries being sustained by them, were carried towards Imphal. 3.2. On the next day, the petitioner along with her relatives went to the Lamlai P.S, Imphal East and submitted a complaint about the arrest of her husband. Without an FIR being registered on the complaint, the petitioner and her relatives were directed to approach the Imphal P.S where they were informed that the dead bodies of her husband and his friend were kept in the Mortuary, Regional Institute of Medical Sciences, Imphal. The dead bodies were handed over to her without a death certificate and a post-mortem report being issued by the concerned authority. But later, the death certificate was issued only on 15.11.2007. ;


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