KINJINBOU LIANGMEI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner, Mr. Kinjinbou Liangmei made a prayer for issuing an appropriate writ to the respondents directing them to pay compensation to his son, Mr. S. P. Philip, a Class VII student, who had suffered tremendous pains and agony because of the illegal arrest, torture and interrogation during the detention period by the respondents and also to quash the Police Case registered against his son, Mr. S. P. Philip, under FIR Case No. 37 (5) 92 KPI P. S., by contending, inter alia, that his son Mr. S. P. Philip, a promising Class VII student of Diamond English High School, Kangpokpi at the relevant time with good moral character and aged about 13 years at the point of time, was arrested on 7th May, 1992 at about 6.30 p.m. by the 3 Assam Rifles posted at Kangpokpi from Kangpokpi bazar, and he was detained, interrogated and tortured till 11th May, 1992 at the Assam Rifles Camp and that during the period of detention as well as in the course of interrogation, Mr. S. P. Philip was slapped, blind-folded for days together, undressed, hands were twisted and tied behind, given hard blows and several boot kicks on different portions of his person, beaten with lathi, burnt his chest with cigarette butts, made to stand the whole night without sleep, exposed to mosquito bites and moreover, scanty food was served during the period of detention. But he was handed over on 11th May, 1992 around 5.00 p.m. by the 3 Assam Rifles to the Kangpokpi Police Station, after heavy pressure was given by the Hon'ble Chairman, Hill Areas Committee, Manipur Legislative Assembly. A case, being FIR Case No. 37 (5) 92, under Section 121, 121-A, IPC, 3(2)(ii) TDA (P) Act, and 25(1)(a), Arms Act, was registered against Mr. S. P. Philip, son of the writ petitioner. According to the writ petitioner, his said son, Mr. S. P. Philip, is quite innocent of the charges levelled against him and, rather, the Assam Rifles personnel took four days to hand over his son to Kangpokpi P. S., which lies hardly half a kilometer away from the Assam Rifles Post on the 39 National Highway (Imphal-Kohima Road). It is also the case of the writ petitioner that non-involvement of his said son, Mr. S. P. Philip, in any unlawful activity is transparent from the letter of the Officiating Commandant, 3 Assam Rifles, dated 12th May, 1992, as in Annexure-D to the writ petition, which highlighted that Mr. Philip will be discharged without any problem since he was neither a firer nor weapon was recovered from him. A writ petition was also filed before this Court on 11th May, 1992 by the present writ petitioner under Civil Rule No. (HC) 9 of 1992, seeking issuance of a writ of Habeas Corpus for production of his son, Mr. S. P. Philip, before the Court and this Court, after hearing the parties, directed the respondents, specially the Commanding Officer (C.O.), 3rd Assam Rifles at Maram Village, Senapati District, to produce the said Mr. S. P. Philip before the learned Chief Judicial Magistrate, Senapati, within 24 hours from the date of receipt of the order, vide order dated 12th May, 1992 passed in the said Civil Rule. It is also urged that Mr. S. P. Philip was produced by the police before the learned Judicial Magistrate, First Class, Kangpokpi on 12 May, 1992 and he was remanded to police custody till 21st May, 1992, and thereafter, Mr. Philip was remanded to Judicial custody till 27th May, 1992 and, meanwhile, an application for bail was moved by the writ petitioner under Criminal Misc. (B) Case No. 16/92 before the Designated Court, Manipur West, and thereafter, the learned Judge of the Designated Court was pleased to enlarge Mr. Philip on bail, vide order dated 27th May, 1992, as seen in the document marked as Annexure-F to the writ petition. As Mr. S. P. Philip was again rearrested on 27th May, 1992 at around 6.00 p.m. at the gate of Manipur Central Jail by the Imphal Police and detained in the Imphal Police Station till 10.30 a.m. on 28th May, 1992, Mr. Philip could not appear in his First Terminal Examination scheduled on 28th May, 1992 due to the illegal detention by Imphal Police. Urging all these statements by the writ petitioner and highlighting the existing facts and circumstances of the case, the writ petitioner sought for adequate compensation on the main ground that the personal liberty of Mr. Philip as guaranteed under Article 21 read with Article 39(e), (f) and 47 of the Constitution of India, has been deprived of and, rather, his family members have suffered physical, mental and financial loss in an irreparable manner.

(2.) No counter affidavit was filed by the Union of India and also by the State of Manipur, except the counter affidavit on behalf of respondent No. 3, the Commanding Officer (C.O.), 3 Assam Rifles, sworn to by the Deputy Commandant, 3rd Assam Rifles.

(3.) Mr. S. Risom, learned counsel appearing for the writ petitioner, argued that it is a clear case of wrongful detention of a person like Mr. S. P. Philip, a minor boy of 13 years, by the respondents, inasmuch as the detenu, Mr. Philip was not produced or handed over by the respondent No. 3 to the Officer-in-Charge of the nearest Police Station with the least possible delay and, rather, it took long four days on the part of the Assam Rifles to hand over Mr. Philip to Kangpokpi Police Station, which is violative of the provisions of Article 21, 39(e), (f) and 47 of the Constitution of India.