Fake encounters : Compensate, says HC
Source: The Sangai Express
Imphal, September 11 2014:
A division bench of the High Court of Manipur comprising of Chief Justice Laxmi Kant Mohapatra and Justice Nongmeikapam Kotiswar has directed the Government to pay Rs 5 lakh each to the families of two fake encounter victims today.
Thiyam Amit Meitei was killed in a fake encounter by a combined team of police commandos and 23 Assam Rifles at Nongren Chinglak at around 7 pm on December 29 .
According to case dossiers on 28/12/2008, Amit left his house along with his friend Moirangthem Inaobi on a Yamaha motorcycle for Tshomyang village carrying Rs 10,500 for making payment to the chief of the village for purchase of timber.
However, when they reached Sabungkhok village, while on the way to the said village, they were intercepted by a team of 23 Assam Rifles and taken to their camp at Yaingangpokpi.
They were severely tortured and kept in separate rooms in the camp.
While Inaobi was handed over to police and released at the official quarters of the then Deputy Speaker, Amit was shot dead at Nongren Chinglak.
Following a writ filed by the mother of the deceased, the High Court ordered an enquiry into the incident on July 6, 2010 .
After establishing the fact that Amit was killed in a fake encounter, the Court directed the DGP Manipur and Union of India represented by the Home Secretary, Ministry of Home Affairs and Defence Secretary, Ministry of Defence, Government of India to pay Rs 5 lakh to the family of Amit as compensation within four months.
In the second incident, one Soubam Baocha alias Shachunta was killed by a combined team of Manipur police commandos and troops of 23 Assam Rifles at the foot hills of Huimei Ching in Imphal East district on December 28, 2008.In the morning of the fateful day, Baocha left his house to purchase iron bars for the construction of his house but never returned home.
Mother of the deceased namely Soubam Radhe filed a writ petition before the High Court questioning the unjustified action of the security forces.
Consequently, the High Court ascertained the facts and circumstances leading to the killing of Soubam Baocha after conducting an enquiry through District Judge Manipur East, who submitted his report stating that Baocha was arrested along with his friend Salam Gurung by police commandos and 23 AR troops and were killed in a fake encounter.
Accordingly, the High Court awarded Rs 5 lakh to the mother of the deceased under the Constitutional law remedy for the death caused to her son as compensation.
The compensation has to be shared equally by the State Government and Union of India including Assam Rifles authorities within four months.
In both the cases, Advocate Rakesh Meihoubam appeared on behalf of the petitioners.