HC orders to pay Rs 5 lakh to fake encounter victim
Source: Hueiyen News Service

Imphal, August 28 2011: In a judgement of Gauhati High Court, Imphal Bench, the bench directed to the State and Union governments to pay a sum of Rs 5 lakh within five months to family members of Thoudam Shantikumar who was killed in a fake encounter by Imphal West Police Commando and 16th Assam Rifles in 2009 .

A division bench comprising Justice T Nandakumar and Justice Mutum Binoykuar of Gauhati High Court, Imphal Bench passed the judgement on August 25 after hearing a criminal writ petition filed by Thoudam Ongbi Memma, mother of the deceased Santikumar of Kakwa Lamdaibung against the Principal Secretary/Commissioner (Home), Government of Manipur, Sr SP Imphal West, Secretary Ministry of Home Affairs, Government of India and Commandant of 16 AR.

Mention may be made that Santikumar was picked up by a combined force of Imphal West CDO and 16 AR from Kakwa Nameirakpam Leikai on March 24, 2009 at around 11.30 am on his way to Manipur University to attend Youth Festival from his home after meeting his local friends.

On the same evening at around 4.50 pm, he was killed by the combined force at New Tairenpokpi, Lamshang in a fake encounter.

The judgement passed on August 25, after hearing the petition on August 4, stated that respondents are jointly and necessarily liable to pay the said amount of compensation and accordingly the state government shall pay half of the amount ie Rs 2.5 lakh and the remaining half shall be paid by the Union government within a period of five months from the date of receipt of the order.

The judgement further added that the amount of compensation is in addition of additional remedies available in civil and criminal courts.

The order will not come in the way of criminal court in awarding compensation under Section 357 of CrPC and also will not come in the way of punishing the accused in the criminal proceedings and other proceedings.

It further added that respondents should pay a sum of Rs 6000 as fee for counsel for the petitioner in the present writ petition within five months.

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