COL JAGMOHAN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) These appeals on varying counts lay challenge to the common judgment and order dated 22.03.2005 rendered in W.P.(C) No. 5817/2004 and W.P.(C) No. 6187/2004. The Appellants in Writ Appeal No. 560/2005 and Writ Appeal No. 561/2005 are respectively the writ Petitioners in W.P.(C) No. 5817/2004 and W.P.(C) No. 6187/2004. Whereas, the Respondent Nos. 4 and 5 in W.P.(C) No. 6187/2004 are the Appellants in Writ Appeal No. 135/2006, the State of Manipur, Respondents in these writ proceedings figure as the Appellant in Writ Appeal No. 611/2005 and 612/2005.

(2.) The principal assailment in the aforementioned writ petitions had been against the competence and authority of the State of Manipur to appoint a Commission under the Commission of Inquiry's Act, 1952 (hereinafter for short referred to as the Act, 1952) for making an enquiry into the alleged killing of KM.TH. Monoroma Devi (for the sake of brevity referred to as Monoroma Devi/deceased) vide Notification No. 8/1 (1)/2004-H(Pt-II) dated 12.07.2004 of the Govt. of Manipur Secretariat (Home Department). By the judgment and order impeached, the learned Single Judge held that the State of Manipur was not the appropriate Government having administrative control over the armed forces deployed in the State and entitled to the protection amongst Ors. of Section 6 of the Armed Forces (Special Powers) Act, 1958 (hereinafter for short referred to as the Act, 1958). Having held so, the report submitted by the Commission was not construed to be one as comprehended in Section 3 of the Act, 1952. This, notwithstanding the report was adjudged to be one by a fact finding Committee/Body appointed by the State of Manipur and was directed to be laid with the Union Government for scrutiny thereof and appropriate order(s)/action against the concerned personnel of the 17th Assam Rifles, if so indicated therein. Being aggrieved from their respective perspectives, the parties have donned the gauntlet for redress.

(3.) We have heard Mr. C. Gonsalves, Senior Advocate for the Appellants in Writ Appeal No. 135/2006, Mr. D.K. Mishra, Senior Advocate for the Appellants in Writ Appeal No. 611/2005 and Writ Appeal No. 612/2005 and Mr. S. Bhattacharjee, learned Advocate for the Appellants in Writ Appeal No. 560/2005 and Writ Appeal No. 561/2005. Mr. R. Sarma, learned Asstt. Solicitor General of India represented the Central Government in the appeals.