NINGOMBAM BROJEN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Both the writ petitioners are natural brothers of late Ningombam Gopal Singh who was, according to the petitioners, killed by the personnel of Manipur Police Commando and 32 Assam Rifles in a fake encounter. This writ petition has been filed for payment of compensation on account of death of their brother.

(2.) The case of the petitioners is that on 23rd December, 2008 in the evening at about 3.25 p.m., the deceased had gone to a local tea shop located at Heirangoithong Makha Leikai Bokul Makhong run by one Smt. Maibam Ongbi Gambhini Devi. When the deceased was served with tea with sauced food, two unknown persons suspected to be police in civil dress with small fire arms rushed inside the tea shop and asked the deceased to come out of the shop to have a talk. The deceased was over powered by the two unknown persons and dragged out from the said tea shop and was taken towards a Santro Car which had been parked on the road. The distance between the tea shop and the place where the car was parked as about 30 metres. Even though the deceased resisted, he was dragged by the said two unknown persons, put into the car and the car was driven towards the Manipur University side. Local women folk witnessed the incident and tried to intervene but in vain. After a short while, one Maruti Gypsy of Manipur Police Commando followed the said Santro Car towards Manipur University Side. This incident was reported to the petitioners on the same day in the evening whereafter they tried to locate whereabout of the deceased. In the news bulletin of ISTV news of 9 p.m. of the same day, it was telecast that at around 5 p.m. of that day, an unknown youth suspected to be a member of PREPAK (GS) was killed in an encounter with Manipur Police Commando and 32 Assam Rifles along the inter village road between Heinoupok and Sadokpam Village. On the next day, news report of killing of the said deceased was reported everywhere. It was also reported that the dead body was kept in the Morgue of Regional Institute of Medical Sciences (RIMS) for identification. One of the petitioners visited the Morgue and identified the dead body of the deceased. It was also observed subsequently that after the death of the deceased, one of the Subedars of Manipur Police Commando had lodged a report with the Officer-in-Charge of the Lamphel Police Station, Imphal alleging therein that on 23rd of December, 2008 at about 4.30 p.m. receipt of a credible information regarding movement of armed PREPAK (GS) cadres in general location of Sagolband Heinoupok for carrying out subversive activities. Based on the said information, a team of Imphal West Commando and 32 Assam Rifles moved into the said area at around 4.50 p.m. While approaching the inter village road between Heinaobok and Sadokpam, they observed two to three youths near the culvert. The youths on observing their vehicles' light, tried to move away from the spot by entering into a nearby house. Immediately, those two youths were ordered to prove their identify. At that point of time, one of them tried to escape by firing small arms towards the police personnel. The police personnel and personnel of 32 Assam Rifles immediately returned fire and in such firing the said youth died. When the area was searched, one 0.32 pistol loaded with two live rounds, one fired empty case of 0.32 pistol and one leaver of high explosive hand grenade was recovered from the place of incident.

(3.) On consideration of the claim of the petitioners and the stand taken by the State respondents as well as 32 Assam Rifles, the Court directed an enquiry to be conducted by the District & Sessions Judge, Manipur East. In compliance of the said order, the District & Sessions Judge, Manipur East has submitted a report on 30th April, 2012 and the finding recorded by the learned District & Sessions Judge, Manipur East in paragraph 19 of the Report is quoted below:-