Gauhati HC orders compensation for killing of youth by troops

3/26/2009 The Gauhati High Court, Imphal Bench directed the Union of India and Assam Rifles authorities to pay Rs 4 lakh as compensation for killing of Khundrakpam Tejkumar of Uripok Laikhurembi Leikai, Imphal West District after arrest from his locality on March 9, 2004. The verdict was pronounced after the final hearing of the case by a division bench of the High Court comprising of justices Tayenjam Nandakumar Singh and Mutum Binoykumar Singh. Khundrakpam Tejkumar Singh about 22 years who was a first year student of March 3, year T D C in D M College of commerce, was arrested on March 3, 2004, during a Holi sports festival from his locality by the personnel of 19 Assam Rifles stationed at Yaingangpokpi post and subsequently tortured and killed in their custody. The Assam Rifles contended the youth was killed in an encounter with the personnel of 19th Assam Rifles and that the individual was apprehended pursuant to a confirmed report and intercepts and consequent snatch operations, having been identified as a cadre of PREPAK by a highly reliable source. He was arrested from a market place by a small team. The individual lead the A R party to many places including Singjamei, Kakwa, Thangmeiband etc. finally lead to N G Mani College near Chairenthong at about 1730 hrs. Thereafter, he had dug out a weapon in a gunny bag and put his hand inside the gunny bag and fired the weapon through it. Then he tried to run away taking advantage of the approaching darkness. He was in the circumstances having no alternative while trying to escape in self defence by troops, it was alleged. To ascertain the facts and circumstances leading to the death of Khundrakpam Tejkumar the Gauhati High Court had directed the learned Additional District Judge, Manipur East and then to the Additional District Judge, Manipur West to cause an inquiry. Accordingly, Kh Gomati Devi, the learned Additional District Judge, Manipur West had conducted the inquiry and submitted her report dated May 31, 2008 to the High Court. In her inquiry report, the learned Additional District Judge, Manipur West had concluded that Khundrakpam Tejkumar was brutally tortured and killed in the custody of 19 Assam Rifles. While passing the order, the Guahati High Court has directed the Respondents, Union of India and Assam Rifles authority to pay the compensation of Rs. 4 lakh within four months to Petitioner, Khundrakpam Ongbi Binashakhi Devi, mother of the deceased and also to pay a sum of Rs. 5,000/- to Meihoubam Rakesh, counsel for the Petitioner within four months. The Court said while making it clear that the compensation amount is in addition to the other remedies available to the petitioner in the ordinary course of law by way of damage in civil suit and other remedies in criminal proceedings against the wrong doers. The present Writ Petition was filed at the initiative of Human Rights Law Network (Manipur).

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