LAWS(MANIP)-2014-7-11

KABRABAM OJIT SINGH Vs. UNION OF INDIA

Decided On July 28, 2014
Kabrabam Ojit Singh Appellant
V/S
THE UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner in W.P.(C) No. 773 of 2008 is the mother of one late Kabrabam Ranjit Singh. The petitioner in W.P.(C) No. 774 of 2008 is the wife of late E. Kanto Singh. Both the writ petitions have been filed for fixing responsibility on the officers of 21 Assam Rifles for illegally causing death of Kabrabam Premjit Singh and E. Kanto Singh and a further prayer has been made for grant of compensation. Since both the writ petitions involve same issues and both the deceased persons are alleged to have been taken away by the officers of 21 Assam Rifles on the same day and their dead bodies were found on the next day, both the cases were heard together and are disposed of in this common judgment.

(2.) THE case of the petitioner in W.P.(c) No. 773 of 2008 is that on 24.4.2008 at about 3.00 a.m. she, alongwith her two sons including the deceased Premjit Singh, heard the presence of some persons outside their house and she also heard a knocking sound at the door. When she was about to open the door, it was kicked open and the security personnel in uniform belonging to 21 Assam Rifles rushed inside the house, without any reason. They wanted to know about whereabout of deceased Premjit Singh. While searching, they found other son of the petitioner sleeping on the bed. They rudely woke him up by slapping his face 3/4 times. In the mean time, the petitioner called out her deceased son Premjit Singh. Thereafter, the security personnel ordered all the occupants of the house to sit quietly at the verandah and took away deceased Premjit Singh in their vehicle.

(3.) DURING pendency of the writ petitions, by an order dated 20.03.2009, the Court directed the learned District & Sessions Judge, Manipur West to conduct an inquiry with regard to the death of the two deceased persons and submit a report. In compliance of the said order, learned District & Sessions Judge, Manipur West has submitted a report holding that the two deceased persons were lifted from their respective houses and were killed by the 21 Assam Rifles.