MUTUM ONGBI RONI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THESE two writ petitions have been filed for payment of compensation on allegation that late Mutum Herojit Singh and late Mutum Rajen Singh were killed in a fake encounter. The petitioner in W.P. (Cril) No. 26 of 2009 is the widow of late Mutum Herojit Singh and the petitioner in W.P. (Cril) No. 27 of 2009 is the widow of late Mutum Rajen Singh. Since both the deceased persons were killed in the same incident, on the request of the learned counsel for the parties, they were taken up together for hearing and are disposed of in this common judgment and order.

(2.) THE brief facts of the case are that late Mutum Herojit Singh and late Mutum Rajen Singh are cousin brother. Late Herojit Singh was the sole earning member of his family consisting of his wife (the petitioner) and minor son. He was plying a Tata Sumo Vehicle from Imphal to Moreh by employing a driver and was also serving in Bariel Engineers Private Limited and his monthly income from all source was about 12,000/ - rupees per month. On 14.10.2008 at about 2:20 PM late Herojit Singh informed his wife (petitioner) that he would go to buy a Rice Cooker, Blanket and some shirts and trousers for his use in Shillong and left home with a cash of Rs. 20,000/ - and a Mobile Handset in a Kinetic Honda two wheeler bearing No. MN 1H -0588 and on the way the other deceased Mutum Rajen, his cousin brother, also accompanied him. They were in a Video Editing Studio at Chingmeirong Khongnang Ani Karak till 5 PM. As they did not return till late in the evening, the petitioner tried to contact her husband, Herojit Singh, over mobile phone, but the phone was in switched off mode. On 14.10.2008 at about 9 PM the dead body of late Herojit Singh and Rajen Singh were shown in the bulletin of ISTV and it was said that they had been killed in an encounter at Lambui Lambi, Imphal East District by the Manipur Police Commandos and that their dead bodies have been kept in the mortuary of RIMS, Lamphelpat. On the next day morning family members of the petitioner went to the mortuary and identified the dead bodies. The Doctor, who conducted the Post Mortem examination over the dead bodies of late Herojit Singh, opined that death was due to injuries to the lungs and liver resulting from multiple firearm injuries. Father of late Mutum Herojit also heard from reliable source that both the deceased persons were picked up from the road near LMS Law College by the personnel of Manipur Police Commando and were brought to Lambui Road, Imphal East District and have been killed in a fake encounter. On these allegations, a prayer is made in the writ petition for payment of compensation.

(3.) ON consideration of the claim of the petitioners and the stand taken by the respondents, Court directed the learned District Judge, Manipur East to conduct an enquiry and submit a report. In compliance of the said order, the learned District Judge, Manipur East submitted the report on 8.6.2012. On consideration of the evidence placed in course of the enquiry the learned District Judge came to the conclusion that both the deceased persons were killed by the Manipur Police Commandoes in fake encounter at Lambui Lambi and there was no exchange of fire or encounter in between the two deceased persons and the police commandoes. Paragraph 25 of the report of the learned District Judge, Manipur East is quoted below: