Comply with SC's norms: HC to Govt
Source: The Sangai Express
Imphal, May 29 2019:
The High Court of Manipur has directed both the Central and State Governments to ensure that security agencies strictly comply with the requirements as laid down by the Supreme Court in the matter of arresting and detaining any person.
A division bench comprising of Chief Justice Ramalingam Sudhakar and Justice Kh Nobin passed a judgement to this effect today in connection with a PIL filed against the arrest and brutal thrashing of a civilian by troops of 17 Assam Rifles.
The PIL was jointly filed by AS Wungnaoshang (42) of Marou village, Kamjong district and Timmiwon Raihing (30) of Shangshak village, Ukhrul district.
The respondents listed in the case are Ministry of Home Affairs, Assam Rifles Director General, Chief Secretary and Captain Dheeraj Gautam of 17 AR.
After hearing both the petitioners and the respondents, the High Court cited the Supreme Court's ruling on DK Basu Vs State of West Bengal case of 1997.The Supreme Court pointed out that custodial death is one of the worst crimes in a civilised society governed by rule of law.
Any form of torture or cruel, inhuman or degrading treatment is a violation of the Constitution's Article 21, mentioned the apex Court's ruling.
It also clearly laid down the rules and procedures which must be followed by police while arresting, detaining and questioning people.
Citing these observations of the Supreme Court, the High Court directed all the respondents particularly the Ministry of Home Affairs and DG AR to ensure that all the requirements laid down by the apex Court regarding arrest and detention of any person adhered to.
The High Court further directed the Ministry of Home Affairs to submit an affidavit of compliance within 30 days.
According to the PIL, one Mungshang Konghay of Litan boarded a bus at Litan along with one of his friends on May 6 to go to Yaingangpokpi.
On the way, the bus was halted by AR troops commanded by Captain Dheeraj Gautam and all the passengers were asked to produce identity cards.
But Mungshang could not produce his identity card as the same had been lost.
On account of his failure of produce identity card, AR troops pulled down Mungshang from the bus and started thrashing him in front of all the passengers.
Then Mungshang was taken to another location in a Gypsy where he was tortured mercilessly before he was abandoned at Litan.
Later, Mungshang was taken to Yaingangpokpi PHC.
The PIL prayed the High Court to issue a Rule Nisi as well as a mandamus or an appropriate writ to the respondents so that the requirements laid down by the Supreme Court regarding arrest and detention of people are strictly complied with.
Senior Advocate RS Reisang appeared on behalf of the petitioners and he was assisted by Timmiwon Raihing.
Advocate General N Kumarjit represented the respondents and he was assisted by Advocate P Tamphamani and CGC S Samarjeet.