THE CIVIL LIBERTIES AND HUMAN RIGHTS ORGANISATION (CLAHRO) Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) The petitioner is an organisation called "Civil Liberties and Human Rights Organisation" having its office in Thangal Bazar, Imphal. This P.I.L. has been filed for payment of compensation to the victims in relation to an incident which had taken place in 05.1.1997. It is alleged that on 5.1.1997, about 10.45 a.m., CRPF personnel who were armed with sophisticated and heavily loaded fire arms started ransacking entire Keibi Taretkhul village and it's outskirts by resorting to heavy firing for nearly one hour. Search operation was conducted from house to house in order to find a suspect who is said to have fled away after firing one or two shots at the CRPF personnel. In course of such door to door search, the CRPF personnel not only assaulted many of the villagers but also damaged their properties. As a result of such action of CRPF personnel, villagers deserted the village for many days. According to the petitioner, 55 villagers sustained bodily injuries and CRPF personnel destroyed properties of 39 villagers. The list of 55 villagers who received injuries in course of such operation and those 33 villagers whose properties were damaged or confiscated has been given in the writ petition. On these allegations, the PIL has been filed not only for payment of compensation to the injured persons but also to compensate the damages sustained by 33 villagers.

(2.) The respondent Nos. 2 to 4 have filed the counter affidavit. It's stated in the counter affidavit that on 5.1.1997, one platoon of CRPF was on road opening party duty on Sagolmang-Sawombung-Imphal Road. After conducting search on either side of the road and leaving one section each at vulnerable locations, the third section reached Taretkhul/Keibi area at about 10.40 in the morning. The said section while in the process of climbing the hill lock, were fired upon by some insurgents who were hiding in the bushes at about 10.45 a.m. The CRPF personnel also returned fire and in course of such firing one constable sustained serious bullet injury on his left thigh. The second section of CRPF who was stationed at about one and half kilometers from the place of occurrence rushed to the sport and re-enforcement was also called for. When search operation was conducted, few houses in Keibi village were found locked and nobody opened the lock in spite of request. The doors were forced open to check if any extremists were hiding therein or any arms were concealed in the house. During combing operation, 12 suspects were apprehended and subsequently handed over to the civil police for further investigation. The allegation with regard to allegation of bodily injuries to innocent civilians of the villages was denied in the counter affidavit. The said respondents also denied to have damaged the properties of the villagers.

(3.) In view of such allegation and counter allegation, the Court by an order dated 31.5.1999 directed the learned District & Sessions Judge, Manipur East to conduct an enquiry and submit the report. The learned District & Sessions Judge submitted the report on 3.7.2012 holding that during the search operation, CRPF personnel committed many excesses and illegality not only in the Keibi village but also adjoining areas. Many villagers were injured and some of them were incapable of performing normal duties. Injured persons had spent around Rs. 10,000/- to Rs. 20,000/- for their treatment. The learned District & Sessions Judge also found that properties of many of the villagers were destroyed by the CRPF personnel in course of search operation and loss caused to the villagers is about Rs. 3,16,152/-.