Case against fake encounter : HC awards Rs 5 lakh compensation
Source: The Sangai Express
Imphal, September 10 2014:
A division bench of the High Court of Manipur comprising Chief Justice Laxmi Kanta Mohapatra and Justice Nongmeikapam Koteswar Singh has awarded Rs 10,00,000 i.e., Rs five lakh each as compensation to two petitioners in connection with a fake encounter case, which took place in 2005 .
According to the case dossier, on 10th January 2005 at about 9 am Saikhom Shamungou Singh along with his brother-in-law Sanasam Ngongo Singh, had gone towards Wakchinglok and Bungbal Khullen hill range to search for Ngongo's family buffalos.
A few hour later, at about 11 a.m sound of gun firing was heard in the hill range.
When Shamungou and Ngongo did not return home till late, their family members along with some villagers went in search of them but could not find them.
However, the next day, the family members found the bullet riddled dead bodies of both Shamungou and Ngongo along with another at Yairipok Police Station.
On the other hand 21 PARA had submitted a written report to the Officer-in-Charge, Yairipok PS that a joint operation with Manipur Police Commandos and Troops of HQ 9 Sector Assam Rifles was launched consisting of 21 PARA and 28 Assam Rifles on 10th January 2005 .
An encounter took place with the militants in the jungle area and 3 militants belonging to UNLF were killed in the encounter.
On the basis of the report, an FIR case was registered.
The stand taken by the Army is that both the deceased persons were members of the banned organisation UNLF and they died in a fire fight with the security forces near the jungle of old Bungbal Khullen.
As the family members of the two deceased persons disagreed with the allegation made by the Army, Saikhom Ongbi Senu Devi, mother of the deceased Saikhom Shamungou Singh aged about 20 years and Sanasam Naba Singh father of the deceased Sanasam Ngongo Singh aged about 12 years had filed two separate writ petitions before the High Court.
Consequently, the High Court directed the District Judge, Manipur West to conduct an enquiry to ascertain the facts and circumstances leading to the death of the two deceased persons.
The then District Judge, Manipur West namely Salam Imocha Singh concluded that the combined security force in general and personnel of 21 PARA in particular were responsible for killing the two persons and there was no evidence of any encounter at the purported place of occurrence between the two deceased persons and the combined security force.
Subsequently, the High Court of Manipur directed the respondents to pay monetary compensation of Rs five lakh each to the petitioners within three months.
Further it is also made clear that 70 per cent of the compensation amount is to be paid by the Union of India, the Commander, 9 Sector Assam Rifles and the Commanding Officer, 21 PARA.
And the remaining 30 per cent of to be paid by State of Manipur, DGP, Manipur, Deputy Commissioner, Senapati district and SP, Thoubal district.
It may be mentioned here that the deceased Saikhom Shamungou Singh was a cultivator and the deceased Sanasam Ngongo Singh was a student of Class VI at Changamdabi Public School, said a press release issued by Human Rights Law Network (Manipur), director Meihoubam Rakesh.
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