HC pulls up Govt for fake encounters
Source: The Sangai Express
Imphal, September 18 2014:
A Division bench of Justice LK Mohapatra and Justice N Kotishwar of Manipur High Court has directed the Government and authority concerned to pay Rs 5 lakh each as compensation to the families of two fake encounter victims.
In a press conference held at his office chamber, All Manipur Bar Association (AMBA) president Khaidem Mani said that the first case was filed by N Brojen, elder brother of fake encounter victim, Ningombam Gopal at Gauhati High Court.
Grade-IV employee of Gauhati High Court, Ningombam Gopal s/o (L) Kulla of Heirangoithong Makha Mutum Leikai was killed by a combined security team of State police commandos and 32 Assam Rifles troops on December 23, 2008 .
Khaidem Mani said that Gopal was forcibly pulled up by two unidentified persons in plain clothes suspected to be security force personnel from a tea stall located at Heirangoithong Makha Leikai Bukol Makhong and taken in a Santro car towards Manipur University side followed by a Gypsy of police Manipur commandos at around 3.20 pm on the fateful day.
Later, they brought Gopal to an inter village road connecting Heinoubok and Sadokpam and shot him dead there.
Victim's elder brother N Brojen filed a case at the Division bench of Gauhati High Court against the State of Manipur through the Principal Secretary (Home) and five others which included DGP Manipur, SP Imphal West, Home Secretary, Ministry of Home, Government of India and Commanding Officer of 32 Assam Rifles under Writ Petition (Cril) number 18 of 2009 .
After the Division Bench directed the District and Sessions Court Manipur East to conduct an enquiry into the incident, the Court submitted its report on April 30, 2012, Khaidem Mani said.
After hearing the case in a Division bench of Justice LK Mohapatra and Justice N Kotiswar Singh of Manipur High Court on September 2, 2014, the Division Bench passed the judgement to pay a compensation of Rs 5 lakh to the family members of Gopal, out of which Rs 2.5 lakh has to be paid by the State Government and the remaining Rs 2.5 lakh by the 32 Assam Rifles authority.
If the petitioner is not satisfied with the amount of compensation, he can approach the Civil Court for more compensation, Khaidem Mani said.
During the hearing of the case, Khaidem Mani stood in favour of the petitioner and Senior Government advocate RS Reishang stood from the side of the State and ASG S Rupachandra appeared from the side of the Union of India.
The same HC bench also directed the Government to pay Rs 5 lakh to the family of fake encounter victim Longjam Uttamkumar s/o L Shanti alias Boyai of Keishamthong Longjam Leirak.
The case was filed by Uttamkumar's father at Gauhati High Court after his son, who worked as a sales executive in GNI Modi Xerox, was shot dead in a fake encounter by a team of Manipur police commandos on February 29, 2008 .
On the fateful day, Uttamkumar was trying to keep his scooter in his courtyard as he returned from market after taking vegetables.
He was followed by some police commandos in civvies and shot dead there.
After the incident, Longjam Shanti alias Boyai, father of the victim filed a case against the State of Manipur through Chief Secretary, Government of Manipur, DGP Manipur, SP Imphal West and OC Imphal Police Station at Gauhati High Court under writ petition case number 446 of 2008 .
Later, the Division bench of the Gauhati High Court directed the District Judge Manipur East to conduct an enquiry.
The district Judge submitted the report on September 4, 2012 to the Division bench, Khaidem Mani said.
After hearing the case in the Division bench of Justice LK Mohapatra and Justice N Kotiswar Singh, the Manipur High Court directed the State Government to pay Rs 5 lakh as compensation to the petitioner within four months.
It may be mentioned that after Uttamkumar's mother Longjam Ongbi Meena lodged a complaint with the National Human Rights Commission some years back, the commission directed the State Government to pay Rs 6 lakh as interim relief to the next of kin of the deceased before April 5, 2012.According to the victim's family, they are yet to get the said amount, Khaidem Mani said.
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