JUDGMENT

Sanjay Kumar; CJ. - The petitioner is the father of Khundrakpam Ajitkumar Singh @ Naoba Singh, a young man of just 20 years of age, who met with an untimely death on the intervening night of 14th and 15th March, 2004. By way of this writ petition, he seeks a direction to the Central Bureau of Investigation (CBI) to investigate into the killing of his son by armed forces personnel. In furtherance thereof, he seeks a direction to the State authorities to hand over to the CBI the records pertaining to FIR No. 9(3)04 on the file of Patsoi Police Station, registered under Sections 302 and 34 IPC along with Section 25 (I-)C of the Arms Act, 1959.

2. Heard Mr. M. Rakesh, learned counsel for the petitioner; Mr. RK Umakanta, learned Government Advocate, appearing for the State authorities; and Mr. W. Darakishwor, learned Sr. PCCG, appearing for the CBI.

3. FIR No. 19(3)04 Sekmai P.S. was registered under Sections 121, 121-A and 307 IPC read with Sections 10 & 13 of the Unlawful Activities (Prevention) Act, 1967, and Section 25 (1-B) of the Arms Act, 1959, against the petitioner's son upon the complaint made by the armed forces. However, a final/closure report was submitted leading to the closure of this case on 24.04.2006. Upon the complaint made by the petitioner to the Officer-in-Charge of Patsoi Police Station, FIR No. 9(3)2004 was registered under Sections 302 and 34 IPC read with Section 25 (1-C) of the Arms Act, 1959. The complaint of the petitioner, presently, is that no action has been taken till date to arrest the culprits who were responsible for the wrongful death of his son and to hold them accountable.

4. Significantly, the petitioner had earlier filed W.P. (Crl.) No. 31 of 2008 before the Imphal Bench of the Gauhati High Court seeking compensation for the wrongful death of his son at the hands of the personnel of 19th Rajput Rifles (Bikaner), stationed at Leimakhong. By order dated 13.01.2009 passed therein, the Court directed an enquiry to be made by the learned District Judge, Manipur East, to ascertain the circumstances of the petitioner's son's death. Upon completion of the enquiry, Report dated 28.06.2012 was submitted by the learned District Judge, Manipur East. Therein, he stated in no uncertain terms that the petitioner's son was picked up from the residence on the fateful night by the personnel of 19th Rajput Rifles and was killed by them at about 03:00 am on 15.03.2004 at Khurkhul-Sekmai Road, while in custody. The learned District Judge also found that there was no exchange of fire or an 'encounter' with the personnel of 19th Rajput Rifles, as claimed by them. After establishment of the High Court of Manipur in the year 2013, the said writ petition was made over to this Court. A Division Bench of this Court disposed of the writ petition, vide judgment and order dated 07.09.2017. The Bench accepted the findings recorded in the Report dated 28.06.2012 and held that the personnel of 19th Rajput Rifles (Bikaner) were responsible for the death of the petitioner's son and that his fundamental right to life, guaranteed under Article 21 of the Constitution, had been violated as he died, while in their custody, without due process of law. The Union of India was accordingly directed to pay a sum of Rs. 5,00,000/- to the petitioner for the wrongful death of his son. The Division Bench observed that in so far as the prayer of the petitioner for an investigation by an independent agency against the erring personnel was concerned, he was at liberty to approach the competent forum. This judgment attained finality and was also implemented without further ado by the Union of India, by paying compensation along with interest thereon, amounting to Rs. 5,63,750/-, in February, 2019.

5. It is relevant to note that during the enquiry held by the learned District Judge, Manipur East, the names of some of the personnel who were actually involved in the incident that led to the death of the petitioner's son were duly identified. Th