HAWAIBAM ONGBI MAIPAKPI LEIMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M Rakesh, learned counsel for the petitioner. Heard also Mr. S. Samarjeet, learned CGC for the Union Respondents.

(2.) The present petition has been filed by the mother of the deceased, namely, Smt. Hawaibam Amujao Meitei on the allegation that her son was picked up by the Assam Rifle Personnel on 18th March, 2010 while he was attending his work as a handyman in a bus owned by one Elangbam Shanta Singh at the Andro Parking located at Imphal, near All India Radio Station (AIR), Imphal and later he was killed in a fake encounter.

(3.) It is the case of the petitioner that while her son was on duty on 18th March, 2010 as a handyman of the bus which was at the place of parking, three unknown persons in civil dress came and picked him up after having some conversation in the bus. The caretaker of the vehicle namely, Kshetrmayum Jiten Singh and the driver, Elangbam Jiban Singh when they saw the petitioner's son inside the bus with the unknown persons tried to intervene but they told to sit quietly on the back side of the bus. After about 5-10 minutes, the petitioner's son was taken away by the said unknown persons in an auto rickshaw and the driver and the owner of the bus were warned not to do anything about the said incident. Though the said taking away of her son was reported to her, the petitioner's family could not report to the concerned police station the same day, out of shock and nervousness but the owner of the bus reported the matter to the police station on the next day. It has been stated that on the next day in the evening the petitioner came to know that her son was found dead and being kept in the RIMS morgue and was informed that he was killed by the Assam Rifles in an encounter. It is, accordingly, the allegation of the petitioner that her son was picked up by the Assam Rifles Personnel in civil dress and thereafter killed in a fake encounter.