LOITONGBAM SARAT SINGH Vs. STATEMENT OF MANIPUR

JUDGEMENT

(1.) THE petitioner is the father of late Loitongbam Satish @ Tomba Singh and he has filed this writ application claiming compensation on allegation that his deceased son was taken to custody along with his friend, Pebam Gunindro Singh, by the CDO Thoubal and security personnel of 23rd Assam Rifles and was killed by them on 18.5.2009.

(2.) PETITIONER 's case, in brief, is that his deceased son had married to one Chongtham Ningol Loitongbam Ongbi Ranjita Devi and they had a child about 6 months old. The deceased was educated and was earning about 18 -20,000/ - rupees per month through private tuition in subjects such as Mathematics and Economics. On 16.5.2009 the deceased and his friend, Pebam Gunindro Singh, did not return home in the night. The petitioner, therefore, inquired from the family members of the said P. Gunindro Singh. He learnt that he had also not come back on that night. Thereafter, the wife of the petitioner along with the wife of the deceased went to Heingang P.S. and lodged a written complaint on 17.5.2009 having learnt that the deceased and his friend had been picked up by some unknown armed persons when they were coming out from Manipur Central Jail, Sajiwa after meeting the other son of the petitioner. On 19.5.2009 from a local Daily publication the petitioner learnt that the deceased had been killed in an encounter by the combined force of Thoubal police commandos and 23rd Assam Rifles at Laikotching under Lamlai P.S. Imphal East on 18.5.2009 at about 6.15 p.m. and the dead body of the deceased had been kept in the mortuary of RIMS. It was also published in the Newspaper that one.32 pistol with a magazine containing 5 live rounds, 3 live round of AK 47 Rifles and 2 detonators had been recovered from the deceased. Upon further enquiry it came to the notice of the petitioner that one Hollal Haokip Jemandar, a police personnel of Lamlai P.S. had also lodged an FIR on 18.5.2009 alleging therein that on receiving reliable information that some active members of PLA group were taking shelter in general area of Laikotching holding small weapon with a motive of hijacking vehicles for ransom and ambush on security forces, the combined team of CDO/Thoubal and a team of 23rd A.R. immediately rushed to the said general area. On the way in between Sabungkhok and Laikot village at about 6 p.m. the team saw suspicious movement of some 2/3 individuals and on challenge they opened fire towards them. Thereafter, the combined team took position and retaliated firing. One person was killed at the spot and the other managed to escape taking advantage of darkness into the jungle. It was also alleged that in course of search one .32 pistol with live rounds, 3 empty cases and detonators were recovered from near the dead body.

(3.) MR . Amarjit Naorem, learned CGSC appearing for the respondents submitted that there is no eye witnesses to the death of the deceased and there is also no record to show that the deceased had been arrested by the CDO Thoubal and in absence of any such evidence, the learned District Judge committed an error by concluding that the death of the deceased was at the time when he was under the custody of the CDO Thoubal and the personnel of 23rd Assam Rifles. It was also submitted by Mr. Amarjit Naorem, learned counsel appearing for the respondents that the arms and ammunitions having been found near the dead body of the deceased, the stand taken by the respondents should have been accepted by the learned District Judge. Similar argument was also advanced by RS Reisang, learned Sr. Government Advocate appearing for the State respondents.