LONGJAM SHANTI SINGH Vs. STATEMENT OF MANIPUR

JUDGEMENT

(1.) THE petitioner, who is the father of late Longjam Uttamkumar Singh, has filed this writ application for payment of compensation on the allegation that his son was killed by the State Police officials in a fake encounter.

(2.) THE brief facts of the case are that the son of the petitioner, late Uttamkumar Singh, after completing his diploma in Civil Engineering started working in different private establishments for earning his livelihood and to support his poor parents. He was working as Sales Executive in "G.N.I. MODI XEROX" a private firm till his death. He was earning about 8000 rupees per month as salary. The deceased was also married and had a school going girl at the time of his death. On 29.3.08 the deceased had gone to his office as usual. The day being a Saturday, the office was closed at 1.30 p.m. and the deceased came back home in a scooter at about 2 P.M. At about 3:20 PM the deceased left his house alone in the said Scooter to purchase some vegetables but came back 10 minutes thereafter. He drove the Scooter upto the courtyard of his residence and saw one unknown person in civil dress following him from the gate. When the deceased was trying to put the Scooter on its stand, he saw the said unknown person pulling out his Pistol. Thereafter the said unknown person fired from a very close range without any warning. Deceased was hit by the bullet and shouted as to why he was being shot at. Ignoring the deceased, the said person continued to fire another 2/3 rounds. When the deceased realized that an attempt is being made to kill him, he ran for a shelter towards a room of his uncle through a narrow strip of land between the houses. The said unknown person also ran after him. When the deceased fell down in the lane, the said unknown person fired another 2/3 rounds at the deceased who was lying in a pool of blood and resting his head on the floor facing towards north. When the deceased became motionless, the said unknown person took out another small Pistol from beneath his shirt and fired 2/3 rounds in the air and put the said Pistol near the right hand of the deceased. In the meantime another person, in civil dress, appeared in the courtyard and took out a small firearm (Pistol) and started firing in the air in order to scare away the family members of the deceased. After killing the deceased, both the persons called somebody on the Cell phone. They also threatened the family members of the deceased to stay inside the house by pointing gun at them. Few minutes thereafter, some other unknown persons in civil dress came and started talking to someone over the Cell phone and few minutes thereafter, uniformed police commandos arrived at the spot including the Officer in -charge of the Imphal Police Station. Thereafter, the gunman, in civil dress, who had killed the deceased, left the scene. The Officer in -Charge of the Imphal Police Station and other personnel prevented everyone from coming out of the houses, took away one Mobile Hand set and Scooter used by the deceased. On these allegations, this writ petition has been filed claiming compensation.

(3.) CONSIDERING the case of the petitioner as well as the stand taken by the respondents, this Court directed the learned District Judge, Manipur East to conduct an enquiry and submit a report. The learned District Judge, in compliance of the said order, has submitted his report dt. 4.7.2012 to this Court. The relevant portion of the report, in paragraph 17, is quoted below: