The court held a CBI investigation warranted due to significant suspicions surrounding the death of a constable, implicating senior officers in possible misconduct.

JUDGMENT :

M.V. Muralidaran, A.C.J.

Heard Mr. Kh. Chonjon, learned senior counsel for the appellant; Mr. S. Samarjeet, learned Senior Panel Counsel for Central Government for the respondent Union of India and Mr.R.K.Umakanta, learned Government Advocate for the respondent State.

2. This writ appeal is filed against the judgment and order of the learned Single Judge dated 18.7.2016 made in W.P.(C) No.1401 of 2016.

3. The appellant is the writ petitioner. She filed the writ petition for issuance of a writ of mandamus directing the State respondents to conduct/hold an enquiry through the Central Bureau of Investigation (CBI) regarding the death of her son Nishan Singh on 19.11.2022 at the Camp of Battalion at Heavy Fuel Power Project, Leimakhong, Senapati District, Manipur. The learned Single Judge dismissed the writ petition. Challenging the same, the appellant has filed the present writ appeal.

4. Brief facts which led to the filing of the writ petition are as follows:

The appellant’s son Nishan Singh joined the 26th Bn., CRPF on 19.4.2000 as Constable and was posted at different places from time to time and, at the time when he died on 19.11.2002, he was posted at the Bn., H.Q., D. Company near the Heavy Fuel Power Project, Leimakhong, Shri P.K.Sahu and Shri Dinesh Kumar were the Company Commander and the Commandant of 26th Bn. respectively. Shri Dinesh Kumar used to come to the D. Company very often and one day prior to the death of Nishan Singh, he came to the D. Company and started staying at the residence of Shri P.K.Sahu when the latter stayed away from his room. The Quarter Master of the D. Company Joginder Singh asked Nishan Singh to put a chair inside the room where Shri Dinesh Kumar was staying and when Nishan Singh picked up the chair and went inside the room to place it there, he saw Shri Dinesh Kumar and the wife of Shri P.K.Sahu in an objectionable condition. When Nishan Singh spread the news about the illicit relation, both Shri Dinesh Kumar and Shri P.K.Sahu planned to murder Nishan Singh.

4.1. Accordingly, on 18.11.2022, Shri P.K.Sahu issued a night pass to Nishan Singh telling him to report in the Unit in the morning and on the next day when he presented himself in the Unit at about 7.15 a.m., Havildar Major Ramdarsh Parshad reported to the Company Commander who ordered that Nishan Singh be produced before him in uniform. When Nishan Singh presented himself, the Company Commander and Havildar Major Ramdarsh Parshad who were in civil dress, were sitting outside the office having a table before them. Shri P.K.Sahu who forcibly snatched the night pass from Nishan Singh, tore it off and told Nishan Singh that he had remained outside for the whole night without his order and since he had violated the law, he would be punished.

4.2. It is stated that Nishan Singh was made to stand as a punishment continuously from 8.22 a.m. to 11.35 a.m. torturing him both physically and mentally under a pre-planned conspiracy amongst his superior officers and during the interrogation, Shri P.K.Sahu asked Nishan Singh as to why he went to the room where and when Commandant Shri Dinesh Kumar and wife of Company Commander were sitting and then why did he announce the same to the public and, therefore, Shri P.K.Sahu told him that he did not want to see him alive. Nishan Singh replied