HC orders Rs. 7 lakhs compensation to kin of fake encounter victim

IMPHAL | Dec 19

Human Rights Law Network (Manipur) said that today a division bench of the High Court of Manipur comprising of acting chief justice, N. Kotiswar Singh and Justice, Kh. Nobin Singh has awarded Rs.7,00,000 as compensation to Thangjam Ongbi Apabi Devi, the petitioner, whose son namely Thangjam Thoithoi alias Anilkumar Singh of Thangmeiband Sinam Leikai, Imphal West, Manipur was killed by a combined team of Manipur Police Commando and 18 Sikh Regiment on January 14, 2012.

According to the case dossier, on January 14, the petitioner’s son had left his maternal grandmother’s house at around 2 p.m. riding a kinetic Honda and thereafter, he did not come back, said a release.

 However, the next day the petitioner’s mother came to know that their son was killed by a combined team of security forces and his dead body had been deposited at the RIMS Hospital mortuary, it said. 

On January 14,  2012 at about 8.30 p.m. after killing the petitioner’s son, one jemandar, L. Bebekananda Singh of 3rd IRB attached to the Commando Unit, Imphal West District lodged a written report with the Officer-in-Charge Wangoi Police Station stating inter alias that on the same day at about 6.p.m,  he received a reliable information regarding movement of armed underground cadres in and around inter village road of Narankonjil and Chandranadi with their intention to carry out a bomb attack on Congress workers, in connection with the 10th Manipur Legislative Assembly Election-2012.

The report said, based on the said information, a combined team of Manipur Police Commando and personnel of 18 Sikh Regiment proceeded towards the said area and established a checkpoint at the junction of Mayai Lambi road and Chandranadi road leading to Narankonjil village to nab the said cadres; while conducting frisking at the spot at 7.30 p.m. one two –wheeler rider along with a pillion rider was spotted and they shouted them to stop for verification; instead of stopping, one of them fired upon them and speeded their vehicle towards Narankonjil side.

It further said, on seeing their strong determined action, they pushed down their vehicle and ran away towards the paddy field along Chandranadi road; thus in the face of encounter, which lasted about 6/7 minutes they could shot down one of them at the northern side of the road near paddy field; while the other associate managed to escape by taking advantage of darkness.

It continued that on  searching the encounter site, they found one kinetic Honda, one bullet riddled body along with one Chinese hand grenade and one 9mm pistol lying near the dead body, the release informed.

In this regard, on February 18, 2015, the petitioner field a writ Petition before the high court, it continued. Consequently, the high court instituted an enquiry through the learned district judge, Imphal West to ascertain the face and circumstances leading to the death of the Petitioner’s son, the release further informed.

The district Judge, Imphal West conducted an extensive enquiry and submitted his report by ascertaining that the Petitioner’s son was killed in cold blooded manner or fake encounter by the personnel of Manipur Police Commando, Imphal West led by Laitonjam Bebekananda Singh, Manipur Police Commando, Imphal East led by one Jemandar S. Sunder and personnel of 18 Sikh Regiment led by Major Kamal Sajgotra on January 14, 2012 at about 7.30-7.45.p.m. at the inter village road of Chandranadi leading towards Narankonjil, and not from the exchange of firing or retaliation or encounter between the son of the Petitioner and personnel of the Manipur Police Commando and 18 Sikh Regiment, the release said.

The matter was finally heard today and thereafter, the high court of Manipur has directed both state of Manipur and the Union of India to pay Rs. 7.00.000 as compensation to the petitioner within 5 months inasmuch as the same in a clear-cut case of violation of the human rights guaranteed under Article 21 of the constitution of India, it further said.

Meihoubam Rakesh, Advocate, appeared on behalf of the petitioner,  S. Samerjeet, CGSC appeared on behalf of the Union of India and R.S. Reisang, Senior Government Advocate for the State of Manipur, it continued. The present Writ Petitions has been filed with the active initiation of Human Rights Law Network (Manipur), the release added.