ZINGTHANWON JAJO AND ANR. Vs. STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) The petitioner No. 1, who is a widow, has instituted the present writ application on the following facts. According to the petitioner, 13.10.1999 at about 10 P.M. when the petitioner was in her house along with her husband late Joseph Jajo, some Manipur Riffles personnel along with the employer of the petitioner's husband, came to their resident and requested the petitioner's husband to accompany them for some questioning. According to the petitioner, her husband along with his employer and the Manipur Riffles personnel drove away in a vehicle and thereafter, the whereabout of the petitioner's husband was not known. As he did not return within a reasonable time, the petitioner frantically made an enquiry with the concerned police station and in the early morning of the next day namely, on 14.10.1999, the tragic news of the death of her husband was reported to her. It is stated by the petitioner that the deadbody of her husband was found at Leirenpat Kongba, Ucheckon, East Imphal with bullet injuries and torture make all over the body with both hands tied over at the back. The petitioner has further averred that at the relevant time, her husband was employed, as a Salesman is Oving Medical Store and was earning Rs. 2000 per month. According to the petitioner, though in respect of the aforesaid incident of the death of her husband FIR Case No. 258 (1) 99 in Singjamei Police Station under Sec. 203 of the Indian Penal Code was registered, substantial progress has been made in the investigation. The petitioner gave birth to a daughter soon after the death of her husband and at the time of institution of the present writ petition, she was living the life of destitute with no source of income. Having no other alternative, she has instituted the present writ proceeding before this Court for appropriate directions for proper enquiry into the death of her husband, for compensation and for ex -gratia payment. As the relief for ex -gratia payment though stated in the writ petition, was not specifically prayed for, a Misc Application registered as C. Misc Application No. 18/2002 was filed on 18.1.2002 specifically praying for the relief of ex -gratia payment. The learned counsel for the petitioner submits that in the event ex -gratia payment is ordered by this Court, the petitioner is willing to abandon the other reliefs claimed in the writ petition.

(2.) The State respondents have not filed any affidavit. But an affidavit has been filed on behalf of the Respondent No. 5, i.e., the Director General of Police, Manipur. In the aforesaid affidavit, it has been stated by the Respondent No. 5 that the allegation made in the writ petitioner that the husband of the petitioner was picked up and taken away by Manipur Riffles personnel is yet to be ascertained. According to the Respondent No. 5, the facts revealed by the investigation would indicate that the petitioner's husband was picked up by some persons in olive green uniform with their faces covered with mask. They are yet to be identified and, therefore, on the basis of the facts as revealed till dated, it would not be correct to hold the Manipur Riffles personnel responsible for the death of the petitioner's husband.

(3.) Learned counsel for the petitioner Mr. Aleng Vashum in the course of argument has placed before the Court a copy of the order dated 15th October, 1999 issued by the competent authority of the Government of Manipur constituting a Magisterial Enquiry to enquire into, inter alia, the facts and circumstances leading to the death of the husband of the petitioner. As to what has happened to the said Magisterial Enquiry, is not known. Mr. R.K. Jayanta, learned Addl. Govt. Advocate has not been able to throw any light in the matter and has sought for further time for instructions. Considering that the matter has been pending before this Court for over two years now and having regard to the subject matter involved this Court considered it inappropriate to accede to the request of the State for further time.