THOKCHOM ONGBI MANITOMBI DEVI Vs. UNION OF INDIA
LAWS(MANIP)-2019-9-22
HIGH COURT OF MANIPUR
Decided on September 17,2019

Thokchom Ongbi Manitombi Devi Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

M.V.MURALIDARAN,J. - (1.) Heard Mr. L.Somorendro Roy, learned counsel for the petitioner and Mr.R.K.Umakanta, learned Govt. Advocate for the State respondents and Mr. S.Samarjeet, learend CGC for the Union respondents.
(2.) The prayers No.(ii) and (iii) of the writ petition read as follows:- "ii) to issue a writ in the nature of Mandamus directing the Subordinate Senior Judicial Officer to cause a fact finding inquiry into the matter and direct the respondents to pay adequate compensation to the Petitioner in accordance with the finding of the fact finding enquiry at the rate of Rs. 15, 00, 000/- (Rupees fifteen lakhs) or more as deem just and fit by the Hon'ble Court; iii) to issue appropriate writ or direction thereby directing calling the entire records of FIR No. 45(6)09 MI P.S. u/s 307/325/34 IPC, 20 UA(P) A. Act and 25 (1-c) A. Act and pass any appropriate order (s) or writ directing any of the Independent Investigating agency like Central Bureau of Investigation (C.B.I.) for effective investigation to take necessary appropriate actions against errant personnel of Commandos and 12 Maratha Light Infantry in killing Thokchom Samarjit Singh."
(3.) The petitioner is the mother of the deceased Thokchom Samarjit Singh. It is stated that deceased Thokchom Samarjit Singh was a customary drummer (Pung) and he and one Waikhom Kenedy Singh were close friends. According to the petitioner, deceased Thokchom Samarjit Singh, aged 24 years, was killed by a combined team of Manipur Police Commando and 12 Maratha Light Infantry of Uchiwa Awang Leikai in an encounter. The incident happened in the evening of 20th June, 2009 when both the petitioner's son, Thokchom Samarjit Singh and Waikhom Kenedy Singh proceeded outside as friends. In the affidavit in para Nos. 5, 6 and 7, the petitioner gives certain details with regard to the petitioner's son and his friend being taken in custody by the officials of the respondents department and that they are alleged to have died in the custody of the respondents officials. Some details are given about actual firing and the details of seizure of arms and ammunitions are recorded in para No. 7. In this regard, FIR No.45(6) 09 MI PS u/s 307/325/34 IPC, 20 UA(P) A.Act and 25(1-c) A.Act was registered by Mayang Imphal police station.;


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