HC orders Rs 7 lakh compensation
Source: The Sangai Express
Imphal, December 14 2017:
For the first time, the High Court of Manipur has awarded Rs 7 lakh as compensation in a case of fake encounter killing.
Earlier the High Court of Manipur consistently awarded Rs 5 lakh as compensation in such cases .
However, in view of the peculiar facts and circumstances of the case, the High Court awarded Rs 7 lakh as compensation .
Today, a division bench of the High Court of Manipur comprising of Acting Chief Justice N Kotiswar Singh and Justice Kh Nobin Singh awarded Rs 7 lakh as compensation to the petitioner, whose son namely Hawaibam Amujao Meitei of Sekmaijin Mamang Leikai, Thoubal district, Manipur was killed by personnel of 28 Assam Rifles on March 18, 2010 .
According to the case dossier, the petitioner’s son was on the way to for his usual course of work for plying a passenger bus from Wabagai to Imphal on March 18, 2010.On reaching Andro parking located at Imphal, near All India Radio Station (AIR), three unknown men in civil dress came and interrogated the petitioner’s son after the driver and the owner of the bus were asked to sit at the rear seat of the bus .
Sensing something amiss, the driver, and the owner of the bus tried to alight from the bus but one of the unknown persons whipped out a firearm and threatened the driver and the bus owner to sit still .
After about 5-10 minutes of conversation, the petitioner’s son was whisked away by the three unknown persons in an auto-rickshaw .
On the same night, the petitioner’s son was killed in a fake encounter by personnel of 28 Assam Rifles .
Thereafter, a false report was lodged at Irilbung Police Station by B-Coy, 28 Assam Rifles stating that they received a reliable information about the movement of armed militants in and around Takhok Mapan village and they laid an ambush in the area .
During the said ambush, an encounter ensued between the 28 Assam Rifles personnel and the unknown militants and in that encounter, one unknown individual was killed .
In this regard, on November 27, 2013, the petitioner filed a writ petition before the High Court.
Consequently, the High Court instituted an enquiry through the District Judge, Manipur East to ascertain the facts and circumstances leading to the death of the petitioner’s son .
The District Judge, Manipur East conducted an extensive enquiry and submitted his report by ascertaining that the petitioner’s son was killed by the personnel of 28 Assam Rifles in the night of March 18, 2010, by firing and that there is no substantive evidence of an armed encounter between the Assam Rifles personnel and the deceased .
The matter was finally heard today and thereafter, the High Court of Manipur directed the Union of India to pay Rs 7 lakh as compensation to the petitioner within 5 months and the same is to be deposited to the Registry of the High Court of Manipur in as much as the same is a clear-cut case of violation of the human rights guaranteed under Article 21 of the Constitution of India, conveyed a press release issued by the Human Rights Law Network .
Meihoubam Rakesh, Advocate, appeared on behalf of the petitioner while S Samarjeet, CGSC appeared on behalf of the Union of India, it added.
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