Heisnam (O) Sandhyarani Devi vs State Of Manipur & 3 Ors

R.S., CJ

[1] Heard Mr. M.Rakesh, learned counsel for the petitioner and Mr. Shyam Sharma, learned GA for the respondents.

[2] Considering the nature of the relief sought for and the issues connected, the petition is admitted and disposed of in the following manner. The writ petition has been filed by the wife of the deceased, Heisnam Sharatkumar Singh.

[3] On 14.2.2019, at around 11.30 am, a team of police personnel rushed into the house of the petitioner located at Khordak Mayai Leikai. The petitioner alleged that her husband was arrested by the police without any reason. He was taken to police custody. The house was ransacked. No arrest memo was shown to the accused or to the family members and then on 15.2.2019, it is stated that the petitioner's husband was produced before the learned Chief Judicial Magistrate, Bishnupur with a remand application filed by the Deputy Conservator of Forest, Park and Sanctuary Division, Government of Manipur. The CJM remanded the petitioner's husband for 8 days with a direction to produce him on 22.2.2019. It is further pleaded by the petitioner that in the order of the learned CJM dated 15.02.2019, the Investigating Officer was directed to provide necessary medical aids while the petitioner's husband was in his custody. It is further alleged that on remand by the Magistrate, the Forest authorities kept the accused in police lock-up of Keibul Lamjao Police station and in course of such police custody, he was interrogated and forced to give incriminating statements and on 17.02.2019, it is alleged that some officers of the Forest Department interrogated the accused in the police custody premises using third degree method. All of a sudden, the police authorities informed the petitioner that accused hanged himself in the lock up. The deceased was thereafter moved to the Community Health Centre, Moirang and the attending doctor examined the accused and has reported as "declared brought death".

[4] According to the petitioner, it is a clear case of custodial death. The Officer-in-Charge, Keibul Lamjao Police Station registered a case of Unnatural Death Case being UD Case No.1/KBL-PS/2019 for investigation. On 19.2.2019, a post mortem was conducted at RIMS mortuary and thereafter, the dead body was handed over to the family members for performing last rites. It is further pleaded that the Superintendent of Police, Bishnupur District, after investigation, has suspended three police personnel of Keibul Lamjao Police Station, namely, Md. Allauddin, Sub-Inspector of Police, Md. Abdul Salam, Head Constable and E.Columbus, Constable. The Hon'ble Chief Minister of Manipur has paid a sum of Rs. 5 lakhs as ex-gratia payment to the family members of the deceased. On 8.2.2019, the Deputy Secretary (Home), Govt. of Manipur directed a Magisterial Enquiry into the custodial death of the petitioner's husband. It is further pleaded that the Chief Judicial Magistrate, Bishnupur conducted a judicial enquiry under section 176 (1A)(a) of the Code of Civil Procedure, 1973 and concluded the inquiry on 22.4.2019, which is document exhibit, Annexure-A/4 dated 22.4.2019. Referring to the said Magisterial enquiry, the present petition has been filed for compensation of Rs.20 lakhs.

[5] Heard Mr. Shyam Sharma, learned Government Advocate for the State respondents who stated that the issue has been considered by the authorities in a proper perspective. Whatsoever action should be required to be taken, according to law, will be taken including actions on the delinquent officers, if they are found guilty. In so far as the victim is concerned, next of kin or the legal heirs have been already provided a sum of Rs.5 lakhs as ex-gratia payment and for further compensation, as pleaded, the Court may direct the respondent No.1, the Chief Secretary, Government of Manipur, who is also the Home Secretary, to consider plea for further compensation after completion of all the enquiries and also on the basis of the reports available on record.

[6] In view of the above, in this case, going by the nature of allegation and averments, the Chief Secretary, Govt. of Manipur, who is also the Home Secretary, Govt. of Manipur has to decide the issue for grant of adequate compensation over and above the ex-gratia payment.

[7] We direct the respondent No.1 to hold an appropriate inquiry after assessing the entire file and decide on the claim for compensation as early as possible preferably within a period of 31.7.2019.

[8] With the above direction, the writ petition stands disposed of.