The main legal point established is that the court can award compensation when it finds that a person was killed by the police while in their custody, even if the incident was portrayed as an encounter.

Laxmi Kanta Mohapatra, CJ.

1. The wife of late Nongmaithem Maichel Singh has filed this writ application praying for payment of compensation on the allegation that her deceased husband had been killed by the Manipur Police Officials in a fake encounter.

2. It is alleged by the petitioner that she married the deceased and had been blessed with two sons. On 4.11.2008 after having lunch, the deceased went out of the house saying that he would be attending a Saradha Ceremony held for the death of one Wahengbam Udoichand Singh. At about 3.00 p.m. while the deceased was having some kind of conversation with his local friends in the house of late W.U. Singh in course of the Saradha Ceremony, he received a call in his mobile phone and left the place. Subsequently, at about 3.32 p.m. the petitioner received a call from her deceased husband and was informed that her deceased husband has been apprehended by the Manipur Police Commandos at Wahengbam Leikai area and she was advised to consult the Superintendent of Police, Imphal East District to secure his release. After hearing the news from her deceased husband, she was little puzzled and again tried to contact her husband but it was not picked up. After repeated attempts, the mobile phone of her deceased husband was picked up by another person and the petitioner was informed that her deceased husband is in the latrine. Subsequently, when she tried to contact her deceased husband she found the mobile phone of her deceased husband had been switch off. They started searching for the deceased in different areas but could not get him in any place. On the same day at about 9 p.m. in the news bulletin of ISTV, the dead body of her deceased husband was shown and it was said in the news that her deceased husband had been killed in an encounter at Yen-kao-bung, Kameng, Imphal West District by the Manipur Police Commandos and the dead body had been kept in the mortuary of Regional Institute of Medical Sciences (RIMS). It was also stated in the said news bulletin that one Chinese made hand grenade had been recovered from his possession.

3. From the record, it appears that on 4.11.2008 at about 6 p.m, one Sub-Inspector of Police of Manipur Police Commando, Imphal West lodged a report before the Officer-in-Charge, Lamsang Police Station, Imphal West District alleging inter alia that on that day at about 4.00 p.m. he received a reliable information about the presence of some suspected KCP(MC) in and around Kameng with a view to carry out prejudicial activities, such as extortion from the general public of Kameng by threatening them with arms, bombs, etc. Thereafter a Police Commando Team accompanied by him rushed to the area to carry out search operation and detection of the suspected persons. On reaching Yen-kao-bung, the Commando Team saw three persons riding towards them in a motor bike. When they were asked to stop the vehicle, one of the pillion riders fired upon the Police Commandos with a small arm. When the Police Commandos retaliated, an encounter ensued and the second pillion rider who tried to hurl a hand grenade by jumping out from the motor bike was shot dead at the spot. The other two youths managed to escape. On searching the place of incident, one Chinese hand grenade, 3 empty cartridges of 9mm pistol along with the dead body were found at the spot.

4. On consideration of the allegations made by the petitioner and the stand taken by the respondents in the FIR, the Court by order dated 10.11.2009 directed the learned District Judge, Manipur East to conduct an Inquiry and submit the report. In compliance of the said direction, the learned District Judge conducted an Inquiry and has submitted his reported dated 12.07.2012.

4.1. The learned District Judge, after consideration of the evidence placed before him came to a conclusion that the deceased husband of the petitioner was killed by the Manipur Police Commandos on 4.11.2008 at about 4.45 p.m. at Yen-Kao-bung, Kameng and there was no