ATHOKPAM Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) PETITIONER is the widow of late Athokpam Angousana Meitei. The writ application has been filed praying for compensation on allegation that late husband of the petitioner was taken to custody by the Thoubal District Commandos, stationed at Laphupat Tera Dhabhalokhong on 28.2.2011 and was tortured to death.

(2.) IT is alleged by the petitioner that her deceased husband was arrested by the Thoubal District Commandos stationed at Laphupat Tera Dhabhalokhong on 27.2.2011 at about 5 PM while he was cutting firewood in his residence. No arrest memo was issued and the deceased was forcibly taken in a police vehicle. When the petitioner and her daughter requested the Commandos not to arrest the deceased or disclose the reason for arresting him, their requests were turned down. After the deceased was taken away by the police personnel, the petitioner's son and some other persons went in search of him to different places including Sugunu P.S. where they were informed that the deceased husband of the petitioner might have been arrested by the personnel of Laphupat Tera Dhabhalokhong Police Out post. Thereafter, they hired a vehicle and went to the said Out -Post and on enquiry they were informed that the deceased husband had been arrested and put in the Lock -up. It was also informed to them that the deceased had been arrested on allegation of selling weapons/guns. The police personnel also asked petitioner to produce the weapons/guns which the deceased had kept and accordingly the petitioner produced a gun and prayed for release of her husband. In the night of 27.2.2011, it is alleged that, the deceased was seriously beaten by the police commandos. In the morning of 28.2.2011 the petitioner was permitted to meet the deceased by the Commander, but she found the deceased not in a position to move without support while coming out of the toilet crawling on the ground. They were contusions and abrasions on the body of the deceased and he was not able to speak. After paying a sum of Rs. 2000/ - her husband was released and was taken to hospital where he succumbed to the injuries. It is specifically alleged by the petitioner that her husband having died because of the injuries sustained by him while in police custody, she is entitled to compensation.

(3.) ON consideration of the allegations made by the petitioner and the stand taken by the respondents, Court directed an enquiry to be conducted by the learned District Judge, Manipur West and in compliance with the said order, the learned District Judge, Manipur West conducted the enquiry and has submitted his report Dt. 28.6.2014 before this Court. The learned District Judge has held that though the deceased was suffering from certain ailments, he could have lived for some time, but because of the injuries sustained by him during the period he was in police custody, the death occurred.