ACHANG PONG Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr B.N. Sarma, learned counsel for the petitioner and also heard Mr K. Meruno, learned sr. C.G.S.C. for the Union of India.

(2.) This is an another case of custodial death. Late Mapuwati left Mokokchung from his Yisamyong residence on 3.1.96 for Dimapur and stayed in the house of his brother-in-law Sri C. Tinu at Dimapur. On 6.1.96 the deceased went to the house of one Dr. Moaliba, Dy Director of Veterinary and Animal Husbandry, Nagaland, who belonged to his same village and known to him, at Burma Camp, Dimapur, in search of a Kabiraj. There only this illfated incident happened. Army personnel of 3rd Corps from Rangapahar (Dimapur) swooped on the house of Dr. Moaliba where from the deceased was taken into custody by the Army personnel along with all other male members in the house. Nothing was known thereafter about those persons including late Mapuwati who was under Army custody. Only on 9.1.96 the dead body of Mapuwati was handed over to the Dimapur Police Station at about 5 p.m. by Lt. Satpal Singh with marks of bullets injuries, business and piercing wounds etc. An FIR was also filed by the said Lt. Satpal Singh from Army 3 Corps with the Dimapur East Police Station which registered a case being Dimapur East P.S. No. 7/1996.

(3.) The petitioner who experienced such ghastly act of killing of his father in his tender age of 14 years and lost his father as a result of this tragic incident, has approached this Court on attaining majority of 18 years to ventilate his such grievances against the uncivilized action displayed by 3rd Corps Army personnel with a prayer to compensate him adequately.