THANGJAM ONGBI APABI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Rakesh, learned counsel for the petitioner as well as Mr. R.S Reisang, learned senior GA for the State and Mr. S. Samarjeet, learned CGC for the Union of India.

(2.) In the present petition, the petitioner has alleged the killing of the petitioner's son in a fake encounter with security forces which has been denied by the respondents. In view of the disputed versions of the cause of death of the petitioner's son, this Court had directed an enquiry to be conducted by the Court of District & Sessions Judge, Imphal West which was accordingly held, and the court below has submitted the report dated 11-08-2017.

(3.) The fact that the petitioner's son died at the hands of the security forces is not in dispute but the circumstances in which he died were. According to the respondents, the State Police personnel along with the army personnel belonging to the 18 Sikh Regiment on getting some information of movement of underground activists/workers had organised a mobile checking/frisking at certain junctions near the place of occurrence. It has been stated that while doing the frisking duty at around 7:30 pm on the fateful day, a two wheeler rider along with a person on pillion were coming towards the frisking party, who were asked to stop for verification. However, instead of stopping, one of them fired towards the security personnel and thereafter, sped towards another side. The two wheeler riders were then chased by the security personnel who then ran towards the paddy fields and an encounter ensued, which lasted for about 6 7 minutes. On further search in the vicinity after the encounter, one Kinetic Honda with a bullet ridden body along with a 9 mm pistol were found. The said deceased person was later identified as the son of the petitioner.