B.P. Jeevan Reddy, J. - (1.) Peoples Union for Civil Liberties has filed this writ petition under Article 32 of the Constitution of India for issuance of a writ of mandamus or other appropriate order or direction (1) to institute a judicial inquiry into the fake encounter by Imphal Police on April 3, 1991 in which two persons of Lunthilian village were killed, (2) to direct appropriate action to be taken against the erring police officials and (3) to award compensation to the members of the families of the deceased. According to the petitioner, there was in truth no encounter but it was a case where certain villagers were caught by the police during the night of April 3, 1991, taken in a truck to a distant place and two of them killed there. It is alleged that three other persons who were also caught and taken away along with two deceased persons were kept in police custody for a number of days and taken to Mizoram. They were released on bail only on July 22, 1991. It is further submitted that Hamar peoples Convention is a political party active in Mizoram. It is not an unlawful organisation. Even according to the news released by the said organisation, it was a case of deliberate killing. Though representaions were made to the Chief Minister of Manipur and other officials, no action was taken. Along with the writ petition, affidavit of the persons who were taken into custody along with the deceased, taken in a truck and kept in custody for a number of days, were filed. Affidavits of the wives of the deceased were also filed setting out the miserable condition of their families after the death of their respective husbands.
(2.) On notice being given, a counter-affidavit was filed by the Joint Secretary (Home), Government of Manipur denying the allegations. The allegation of fake encounter was denied. It was submitted that there was genuine cross firing between the police and the activists of Hamar peoples Convention during which the said two deaths took place. The report of the Superintendent of Police, Churachandpur was relied upon in support of the said averment. It was submitted that Hamar Peoples Convention was indulging in illegal and terrorist activities and in acts disturbing the public order. Particulars of several FIRs., issued in respect of crimes committed by them under different police station in that area were set out. The truth and correctness of the supporting affidavits was also disputed. Along with the counter-affidavit, copies of post-mortem reports were filed.
(3.) After hearing the counsel for both the parties, this Court directed, by its order dated may 30, 1995, that the learned District and Sessions Judge, Churachandpur shall make an inquiry into the alleged incident and submit his report as to what exactly happened on that day. Subsequently, that inquiry was entrusted to learned District and Sessions Judge, Manipur [West], who has submitted his report dated April 8, 1996. The learned District and Sessions Judge has concluded that "there was no encounter in the night between 3-4-1991 and 4-4-1991 at Nungthulien village. The two deceased, namely, Lalbeiklien and Saikaplien were shot deal by the police while in custody on 4-4-1991." The State of Manipur has filed its objections to the report along with certain documents which according to them purport to disprove the correctness of finding recorded by the learned District and Sessions Judge. We have heard the counsel for the parties. We are not satisfied that there are any reasons for not accepting the report of the learned District and Sessions Judge which means that the said two deceased persons were taken into custody on the night of April 3, 1991, taken in a truck to a long distance away and shot there. The question is what are the reliefs that should be granted in this writ petition;