PHEIROIJAM ONGBI IBETON DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the mother of the deceased namely, Pheiroijam Keshorjit alias Loketomba Singh. She has filed this writ petition for payment of compensation on the allegation that the said deceased was arrested by the personnel of 19th Assam Rifles stationed at Yaingangpokpi Post in the intervening night of 20th and 21st June, 2005 and had been killed in a stage -managed encounter.

(2.) THE case of the petitioner is that her son, after passing TDC 1st year examination in the year 1994, discontinued his studies and started working as a salesman in a pharmacy at Porompat near J.N. Hospital. Later on, he had his own pharmacy at Napetpalli and started earning for the family. He also started looking after the contract work undertaken by his brother. On 20th June, 2005 the deceased went to the contract work site of his brother on a Scooter bearing Registration No. MN -IE 3829 belonging to one of his cousins. He was accompanied by three others namely, (i) Pheiroijam Sanahongba Singh (ii) Shagolsem Joy Singh and one (iii) Laishram Shyam Singh. After completion of the work, at about 4:00 p.m., the deceased left for home on the said Scooter. On the way, a troop of 19th Assam Rifles were conducting frisking and checking of passers by at the crossing of Seijang and Sabungkhok near a bus stop/waiting shed which was located at the very entrance gate to the Secular English Academy. The deceased was stopped by the frisking troop of 19th Assam Rifles and they detained him at the waiting shed. Later, he was arrested and taken away by the 19th Assam Rifles personnel. Some other persons detained for frisking had witnessed the detention of the petitioner's son by the personnel of 19th Assam Rifles. In the intervening night of 20th and 21st June, 2005 at about 1:00 a.m. the personnel of 19th Assam Rifles took the deceased to a hillock region of Seijang and Sailen villages. There is fish farmhouse owned one Shri Koijam Sujaboro Singh, S/O K. Kulla Singh of Seijang village. The owner of the fish farmhouse was asked by the personnel of 19th Assam Rifles to put off the lights stating that there would be an encounter in and around the place. After half an hour the owner of the farm house heard two gun shots in close proximity of the farmhouse. In the morning the dead body of the deceased was found laying in the hillock region which is about 100 ft. from that farmhouse. On 21st June, 2005 at about 5:00 a.m. some personnel of 19th Assam Rifles came to Nongada Makha Leikai in three bullet proof vehicles and forcibly called out three villagers to identify the dead body.

(3.) THE petitioner also lodged a written report to the Officer -in -Charge, Lamlai Police Station alleging that the deceased was arrested by the personnel of 19th Assam Rifles on 21st June, 2005 at about 5:00 p.m. while returning on a Scooter along Imphal -Ukhrul Road from his worksite and later on, on 21st June, 2005 she was informed that dead body of her son was found laying in the hillocks of Seijang and Sailen village with marks of gun shot injuries.