HC grants Rs.7 lakhs compensation in fake encounter case

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IMPHAL | Dec 14 : Human Rights Law Network (HRLN) said High Court of Manipur has awarded 7 lakhs as compensation in a case of fake encounter killing.

A release said division bench of the high court of Manipur comprising of acting justice, N. Kotiswar Singh and Justice Kh. Nobin Singh has awarded Rs. 7 Lakhs to the petitioner today whose son namely, Hawaibam Amujao Metei of Sekmaijin Mamang Leikai, Thoubal district, Manipur was killed by the personnel of 28 Assam Rifles on March 18, 2010.

High court of Manipur consistently awarded five lakh rupees in such cases earlier, it said. However, in view of the peculiar facts and circumstances of the state, the high court awarded the mentioned amount as compensation, added.

According to the case dossier, on the fateful day i.e. March 18, 2010, the petitioner’s son was on the way to do his usual course of work for plying a passenger bus from Wabagai to Imphal, it said. On reaching Andro parking located at Imphal, near AIR station, three unknown men in civil dress came and interrogated the petitioner’s son after the driver and owner of the bus were asked to sit at the rear seat of the bus, it continued. After about 5 -10 minutes of conversation, the petitioner’s son was whisked away by the three unknown persons in an auto riskhaw, it said. On the same night, the petitioner’s son was killed in a fake encounter by the personnel of 28 Assam Rifles; the release continued adding a false report was lodged at Irilbung Police Station by one JC No. 2850502 NB/Sub. Kumar Chettri, B- Coy, 28 Assam Rifles stating that a reliable information about the movement of armed militant in an around the 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 filled a Writ Petition before the high court, the release said. 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 release continued.

The district judge, Imphal east conducted an enquiry and submitted his report by ascertaining that the petitioner’s son was killed by the personnel of 28 Assam Rifles in the intervening 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. After the matter was finally heard today, high court of Manipur has directed the Union of India to pay the amount 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, the release further said. Advocate, Meihoubam Rakesh, appeared on behalf of the petitioner, CGSC, S. Samarjeet appeared on the behalf of the Union of India, it continued. The present writ petitions has been filed with the active initiation of HRLN, Manipur, it added.


Source: Imphal Free Press

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