Manipur High Court confirms Fake Encounter in Malom Case

Imphal, Dec 6, 2014

Giving its ruling in the Malom Firing Incident of November 2, 2000 in which 10 innocent bystanders, including a Child Bravery Awardee were killed by the troops of 8th Assam Rifles, Manipur High Court has rejected the defense of the paramilitary force that claimed the victims were killed in exchange of fire with extremists after its convoy came under attack. The Court in its ruling directed the Union Government to pay an ex-gratia of Rs 5 lakhs each to the families of each persons killed mercilessly by the Assam Rifles troopers.

For the Sinam family who have lost three members, including a Child Bravery Awardee, in the Malom Firing incident of November 2nd 2000, it is mixed feeling. While they took respite when the Court confirmed fake encounter and directed the Union Govt to pay ex-gratia of Rs 5 lakhs each, Sinam Manichandra reiterates that justice will only be delivered when the guilty personnel are punished according to the law.

“At one point I felt pretty satisfied that the 10 people who were brutally murdered on 2nd November were proven innocent by the law. But on the other hand, I was expecting the Assam Rifles should be punished by the law but nothing has been mentioned regarding the punishment of those inhuman Assam Rifles personnel who were involved in killing those innocent people.”

Explaining why the judgment did not pronounce any punishment for the guilty personnel, Legal Counsel, S Lakhikanta Singh, who represented the petitioners said the victims’ families can proceed further to inflict punishment riding on this judgment.

‘This judgment of the Hon’ble High Court of Manipur was passed in exercise of its writ jurisdiction. Not as a Civil Court or as a Criminal Court. Now that the Hon’ble High Court has judicially confirmed that there was no encounter at all, there was no exchange of firing between the extremists and the armed personnel of 8th Assam Rifles on that day. Since this fact has been established judicially by this order of the hon’ble high court, now the victims’ families are at their liberty to ride upon this judgment and go ahead for inflicting punishment to those who were responsible for this brutal killings.

And as for compensation, this High Court judgment has also observed that the victims’ families are at their liberty to file appropriate civil proceedings in the civil court of law for further compensations if they are not satisfied with this.”

Significantly, the killing of the 10 innocent civilians had triggered Irom Sharmila to launch her hunger strike demanding to repeal the Armed Forces Special Powers Act alleging it gives Armed personnel legal impunity to kill while conducting counter insurgency. Legal Counsel, Lakhikanta Singh who expresses confidence of punishing the perpetrators of the malom incident, nevertheless anticipates legal hurdles because of the protective nature of the Armed Forces Special Act. “There maybe some legal hurdles like delaying in giving sanction or even refusing to even do so by the central government. But we will fight it out because we now have the judicial foundation and clear judicial findings that there was no encounter at all.”