Imphal, June 23: Pulling the curtains down, perhaps, on the legal tussle over the Upendra Commission, instituted to probe the circumstances leading to the death of Th Manorama at the hands of Assam Rifles personnel under contradictory claims last year, the Principal bench of the Gauhati High Court has today ruled that action should be taken up against the AR men, if the probe report says they are guilty.

The ruling was passed by Justice D Biswas today.

Thangjam Manorama was picked up by personnel of 17 Assam Rifles on the adjoining nights of July 10 and 11 with the security personnel issuing an arrest memo.

Her bullet riddled body was discovered the next morning under conflicting claims.

Following the mass protest, the State Government then instituted a Judicial Inquiry under Retd Judge C Upendra to probe the circumstances leading to the death of the woman.

The Court today ruled that the findings of the Upendra Commission be submitted to the Union Home Ministry instead of the State Government.

Clearing the doubt over the legality of the Commission, the Court ruled, �In view of the interim direction by the Court some legality has to be assured...attribute some amount of legality to the report in as much as a report can be assured to have been prepared under the direction of the Court�.

The Court however ruled that the report of the Commission cannot enjoy absolute legal status under Section 3 of the Commission of Inquiry Act, 1982 and added that the report of the Commission will be treated as a fact finding body constituted by the State Government.

Assam Rifles had earlier moved the Court challenging the validity and legality of the Commission.

The Court had earlier issued an interim order to let the Commission examine the witnesses of Assam Rifles in isolation.

This followed a petition filed by the Assam Rifles authority to examine their witnesses in isolation.

Security was one reason cited by the Assam Rifles and the witnesses were examined at the premises of the Central jail in Imphal while the other witnesses were examined at the State Guest House.

The report should be submitted to the Union Home Ministry and the Ministry should make the report public in the interest of all parties concerned, said the ruling.

The Court also ruled in no uncertain terms that if the report indicts any personnel of 17 Assam Rifles, then fitting action should be taken up against them.

On the report of the Commission, the Court ruled, �It is a valuable document available for consideration and initiation of appropriate action�.

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