KHUMALLAMBAM ONGBI TOMBISANA DEVI Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THIS writ application has been filed praying for fixing responsibility on the officers who were responsible for causing death of the son of the petitioners in the fake encounter and also for payment of compensation.

(2.) THE case of the petitioners is that their last son namely, Kh. Debeshower @ Pishak Singh was a matriculate and had also successfully completed carpentry training programme organized by the Community Polytechnic Society, Imphal sponsored by DRDA. His further case is that the said son(deceased) was once arrested on 16.12.2000 by the security personnel on allegation of being a Member of People's Liberation Army(PLA) and had also been detained under the National Security Act for the period from 4.1.2001 to 27.12.2001. After being released, he was staying at home and was leading a normal life. On 9.3.2004 at about 3.50 A.M. when the petitioner, the deceased, and other family members were sleeping, a group of 17 Assam Rifles entered into the house without any prior information and ransacked the house. The deceased son of the petitioners was taken out of his bed even without allowing him to change his dress. Thereafter, they blindfolded the deceased with a piece of cloth, tied his both hands at the back and hit him mercilessly with the bud of their guns. Even though the deceased cried of utter pain, no mercy was shown to him; and he was taken away in one of the two Gypsy vehicles in which the personnel of the 17 Assam Rifles had come. Thereafter, the petitioner and their family members contacted the local public leader to find out the whereabouts of the deceased and also lodged report in Irilbung Police Station. At about 4 PM of 10.3.2004 the petitioner learnt that a dead body has been left at the morgue of the Regional Institute of Medical Sciences (RIMS), Imphal by the personnel of Lilong P.S. on the ground that he had been killed in an encounter with the 17 Assam Rifles personnel. The petitioner identified the dead body of the deceased in the morgue. The petitioners, thereafter, filed a representation on 10.3.2004 before the Chief Minister of Manipur to take up appropriate legal action and on the basis of the said representation, the I.G. of Police (Intelligent), Manipur was directed to conduct an enquiry. However, there was no further progress and no enquiry was conducted. Therefore, this writ petition has been filed not only for fixing liability on the officers but also for payment of compensation.

(3.) CONSIDERING the stand taken by the petitioners as well as of the said respondents, Court vide order dated 16.8.2007 directed the learned District Judge, Manipur East to conduct an enquiry and submit a report. In compliance with the said direction, the learned District Judge, Manipur East has submitted a report dt 17.7.2012 specifically holding that there was no encounter as alleged by the 17 Assam Rifles and there was no exchange of fire. On the other hand, the deceased was killed in a fake encounter while he was in the custody of the personnel of 17 Assam rifles.