HESAMUDDIN ALIAS IBOYAIMA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE writ petitioner's son Md. Tamijuddin @ Tammi @ Md. Tamijur Rahaman died in a police firing on 03. 02. 2000. The incident took place at a place known as Irong Thana Thongkhong. At the relevant time, the election for the Manipur State Assembly was in the process and the candidates and their supporters were on the street for campaign. On that day, at about 5. 00 pm, Md. Abdul Salam, the then sitting MLA, was on house to house campaign and his convoy had just reached the spot in front of the house of one Th. Ibotombi Singh, Pradhan of Maibam Village Gram Panchayat near Hamiton Bridge. At that point of time a group of supporters of the candidate belonging to Federal Party of Manipur (in brief 'mfp') also reached the same spot simultaneously. The deceased Tamijuddin @ Tammi was in the group of Manipur Federal Party and he was driving a jeep with other supporters. It may be maintained here that the sitting MLA was provided with personal security by the Government. Apprehending attack by the supporters of MFP, the armed constables of the MLA fired gun shots upon the other group causing physical injuries upon 3 (three) persons. Amongst them Md. Tamijuddin succumbed to the bullet injuries.

(2.) TO ascertain the cause of the accident the Government instituted an Executive Enquiry. The enquiry was held by Shri K. K. Chhetry, the then District Magistrate, Thoubal District. Simultaneously, on FIR was lodged from the side of the victim which was registered as Ml PS Case No. 11 (2)2000u/s 302/326/114/307/34/ipc read with S. 27 of the Arms Act against Md. Abdul Salam, MLA and the police constables It is not on record about the result of the FIR but a report of the O. C. Mayang Imphal PS dated 07. 03. 2000 has been submitted and marked as Annexure-A/7. However, full report of the District Magistrate dated 14. 11. 2000 has been submitted by the writ petitioner.

(3.) IN both the magisterial report as well as the police report, it was confirmed that Tamijuddin died due to bullet firing. The above reports also indicate that the firing was resorted to on an apprehension that the supporters of MFP were likely to attack upon the MLA. In other words, firing was resorted upon suspicion and not to refort any actual attack. There was also no provocation from the side of the deceased person. It is true that before the Magisterial enquiry, the MLA and his escorting police constables claimed that there was an attack from the opposite group but there is no corroborative evidence in this regard. Their depositions appear to be hear-say one. Police constables have stated that they heard sound of two gun shots but the police investigating officer did not seize any weapon or empty cartridges to establish the fact that there was any firing from the supporters of MFP. On the other hand, as many as 9 (nine) rounds were fired by the armed constables of the MLA. Despite these findings, adverse to the police constables, the deceased family was not compensated by the Government. Hence, the writ petition has been filed seeking appropriate compensation to the next kin of the deceased.