LAWS(MANIP)-2014-9-10

SAIKHOM ONGBI SENU DEVI Vs. UNION OF INDIA

Decided On September 10, 2014
Saikhom Ongbi Senu Devi Appellant
V/S
THE UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. M. Rakesh Singh, learned counsel appearing on behalf of the petitioners as well as Mr. Amarjit Naorem, learned CGSC appearing on behalf of the respondents-Union of India.

(2.) The petitioner in W.P. (C) No. 1203 of 2005 is the father of late Master Sanasam Ngongo Singh, aged about 12 years and petitioner in W.P. (C) No. 1201 of 2005 is the mother of late Saikhom Samungou Singh, aged about 20 years. Both the deceased persons are alleged by the petitioners to have been killed by the Manipur Police Commandos, Troops of HQ 9 Sector Assam Rifles, 21 PARA and 28 Assam Rifles on 10.01.2005 at Bungbal Khullen Village. Both the writ petitions have been filed for payment of compensation on the ground that the two deceased persons were picked up by the respondents and were killed. Since both the deceased persons died in the same incident, at the request of the learned counsel appearing for the petitioners and respondents, these two writ petitions were taken up for hearing together and are disposed of by this common judgment and order.

(3.) Brief facts of the case are that on 10.01.2005 at about 9 AM, deceased Saikhom Shamungou Singh along with his brother-in-law, i.e. other deceased Master Sanasam Ngongo Singh, had gone towards Wakchinglok and Bungbal Khullen hill range to search for Ngongo's family buffalos. Few hours later, at about 11 AM sound of gun firing was heard in the hill range. When the deceased persons did not return home till late, the petitioners and their relatives along with some villagers went in search of them but could not find them. The Pradhan of Nongbrang Village made an inquiry from the Yairipok Police Station over telephone but Police could give any information. Thereafter, the Superintendent of Police, Thoubal was contacted who informed that he had received information about death of 3(three) UNLF cadres in an encounter during the operation in Bungbal Khullen carried out by a combined force. On the next day, the petitioners went to the Yairipok P.S. and found bullet ridden dead bodies of both deceased persons along with another. On the next day, i.e. on 11.01.2015 at about 10:30 AM one personnel of 21 PARA had lodged a written report to the Officer-in-Charge, Yairipok P.S. that a joint operation with Manipur Police Commandos and Troops of HQ 9 Sector Assam Rifles was launched consisting of 21 PARA and 28th Assam Rifles on 10.01.2005. An encounter took place with the militants in the Jungle area and 3 militants belonging to UNLF were killed in the encounter. On the basis of such report, FIR No. 03 (01)05 Yairipok P.S. was registered. On 11.01.2005 at about 4 PM post-mortem examination of the dead bodies was conducted at Lilong Murtuary by the Chief Medical Officer, Thoubal. It is the case of the petitioners that the two deceased persons were not members of any banned organization and they were killed by the respondents in a fake encounter.