CIVIL LIBERTIES AND HANUMAN RIGHTS ORGANISATION Vs. GAC M SECTOR INSPECTOR GENERAL OF ASSAM RIFLES IMPHAL

JUDGEMENT

(1.) The petitioner is an Organisation known as The Civil Liberties And Human Rights Organisation (in short CLAHRO), a non-political and secular association/society of persons formed for charitable purposes and for the diffusion of political education among the weaker sections of the people and also for securing the dignity and worth of the human person and for enforcing the citizens right to life and liberties recognised under the Constitution of India. The petitioner association is also dedicated to the institution of public interest litigations more particularly concerning the life and limb of the citizens when endangered or jeopardised by the unlawful action of the state agencies except according to procedure established by law and this Organisation has been launching such legal proceedings to bring about rule of law in this backward area of the country. The petitioner Organisation contends that it has already instituted some writ petitions for the purposes stated above in the past.

(2.) It is averred that on 8.7.88, one R.S. Isaac aged about 30 years, son of R.S. Phungshin, resident of Wunghon village of Ukhrul District was arrested by the personnel of 20 Bn. Assam Rifles from the house of P.S. Mashangthei of Khararphung village of the same district alongwith one Z.V. Canaan of Shimtang Pharung village and R. Kanmi, brother-in-law of the said Mashangthei. After arrest was made, the said three persons were forcibly taken away from the said house by the said Assam Rifles Personnel. On 9.7.88, two dead bodies were recovered by the civil police. One dead body was that of Z.V. Canaan wlno was arrested with R.S. Issac on 8.7.88. The other dead body was of one A.C. Esan of Khangkhui Khunou village. R. Kanmi who was arrested alongwith R.S. Issac was however, released after five days by the Assam Rifles. However, R.S. Issac was never released and be was never seen by any-one after be was taken away by the Personnel of the Assam Rifles. On receipt of information on 14.7.88 about the arrest of his son R.S. Issac, Shri R.S. Phungshin father of R.S. Issac made a complaint on 15.7.88 to the Deputy Commissioner, Ukhrul, S.P. Ukhrul and the Chief Secretary, Govt. of Manipur, The petitioner Clahro also wrote a letter to the respondent No.l and others a out the arrest and detention of Shri R.S. Issac by the security personnel of 20 Bn. Assam Rifles and for his early release.

(3.) It is also averted that on 4.9.88, around mid-night personnel of 7 Bn. Assam Rifles arrested Mr. S.T. Shangtih, aged about 19 years, daughter of late S.T. Rungam Anal from her house and she was taken away and detained in Assam Rifles Camp. On 5.9.88 at about 11 P.M. personnel of the same Bn. i.e. 7 Bn. Assam Rifles also arrested Ms. Alphonsa Anal, aged about 20 years and she was also detained in Army Camp. Thereafter it is averred that the said two girls were produced before Home Minister, Manipur on the pretext that they had surrendered before the authority.