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2007 Supreme(Gau) 457

TINLIANTHANG VAIPHEI
Dino DG Dympep – Appellant
Versus
State of Meghalaya – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: S.P. Mahanta, Adv.
For Respondents/Defendant: A. Sarma, Adv. General, Meghalaya, Adv. and H.S. Thangkhiew, GA

ORDER

T. Vaiphei, J.

1. This is an application under Article 226 of the Constitution of India filed by the petitioners claiming the following reliefs:

1. To pay adequate compensation to the petitioner No. 2, wife of the under trial prisoner, namely, Late Phomlin Mawlieh, who died on 11-9-1998 at Civil Hospital, Shillong while in judicial custody.

2. To cause an enquiry by an independent and impartial agency as to the cause of death of the said under trial prisoner.

3. To appoint highly qualified Forensic Science Medical Specialist for conducting Post-Mortem Examination on the dead body of the undertrial prisoner and;

4. To constitute State Human Rights Commission and Human Rights Court as required under Sections 21 and 30 of the protection of Human Rights Act, 1993.

2. Mr. S.P. Mahanta, the learned Counsel for the petitioner and Mr. A. Sharma, the learned Advocate General of Meghalaya have been heard at length.

3. Though the case was initially registered as Public Interest Litigation, on the petition of the Secretary General, North Eastern Co-ordination Committee and Human Rights. Meghalaya, the writ petition was subsequently amended by making the wife of the deceased as the petitioner No.




























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