CIVIL LIBERTIES AND HUMAN RIGHTS ORGANISATION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS petition has been filed by the Civil Liberties and Human Rights Organisation (CLAHRO), Manipur, a society registered under the Societies Registration Act, 1980, represented by its General Secretary who is a member of the High Court Bar Association, as a public interest social action on behalf of Ningthoujam Rashi Devi, wife of late Ningthoujam Angou Singh and three minor children as dependants of N. Angou Singh who died while in custody of police.

(2.) FACTS leading to the present case may be stated briefly. On 28.1.1989 at about 6 a.m. a group of armed police men of Chandel Police Station numbering about 6 (six) led by one Achou Singh, ASI, attached to Chandel Police Station took him away from his house in a police jeep saying that he was required in connection with some case but no particulars were disclosed to the members of his family. Said N. Angou Singh was handcuffed by the respondent No. 7, when he was taken away. It may be stated that said N. Angou Singh was at the relevant time serving as Grade -IV Technical Jugali/Pump Operator under Public Health Engineering Department. On the same date, i.e., 28.1.1989 at about 12.30 p.m., the respondent No. 7 and other policemen brought N. Angou Singh to the District Hospital at Chandel in a dying condition with severe injuries on different parts of his body. The doctors at the said hospital declared N. Angou Singh dead. The petitioner contends that under the influence of respondent No. 7 a false message was sent to the higher authority at Imphal that Angou Singh was arrested as an accused in F.I.R. Case No. 5 (1) 89 Chandel P.S. under Section 302, Indian Penal Code, in connection with the death of one Angom Amu Singh, chowkidar of the said Water Supply Scheme. On 30.1.1989 at 9.10 a.m. the dead body of Angou Singh was brought to Sugnu Police Station where the body of the deceased was handed over by the police to the relatives. On 6.2.1989 the petitioner sent a letter to the Chief Secretary with copies to all concerned for holding an enquiry under Section 176, Criminal Procedure Code. As no response was received by the petitioner, a reminder was sent on 14.4.1989 to the respondent Nos. 2 and 6 for taking up necessary action in the matter.

(3.) A complaint was lodged with the Magistrate by Rashi Devi on 28.1.1989. It may be stated that post -mortem was carried out on the body of the deceased Angou Singh on 28.1.1989. In column 12 of the death report it is stated: