STATE OF MANIPUR Vs. MD. YAHIYA KHAN

JUDGEMENT

(1.) The State of Manipur is in appeal against two separate orders dtd. 27/1/2020 allowing W.P. (C) No. 838 of 2016 and W.P. (C) No. 249 of 2017. W.A. No. 13 of 2021 arises out of WP No. 838 of 2016 while W.A. No. 14 of 2021 pertains to W.P. (C) No. 249 of 2017.

(2.) Heard Mr. Samarjit Hawaibam, learned Government Advocate, appearing for the appellant in both appeals; and Mr. M. Devananda, learned counsel, appearing for respondent No. 1 in both appeals.

(3.) Md. Yahiya Khan, respondent No. 1 in these appeals, was appointed as a Rifleman in the 4th India Reserve Battalion at Thenguchingjin in the State of Manipur on 21/8/2005. He was arrested on 19/5/2015 in connection with FIR No. 68(5)2015 registered on the file of Imphal City Police Station under Ss. 121, 121A IPC; Ss. 16(1)(b) and 20 of the Unlawful Activities (Prevention) Act, 1967; Ss. 25 (1)(a) and 25(1B) of the Arms Act, 1959; and Ss. 4 and 5 of the Explosives Substances Act, 1908 and remained in custody for more than 48 hours. He was accordingly placed under suspension with immediate effect by the Commandant of the 4th India Reserve Battalion, vide order dtd. 23/5/2015. The order indicated that, during the period of his suspension, the Headquarter of Md. Yahiya Khan was the Battalion Headquarter and he was not to leave the Headquarter without obtaining prior permission from the Commandant. The order also stated that he was entitled to get subsistence allowance as admissible under the rules during the period of suspension.