Source: The Sangai Express
Imphal, November 11 2009:
The Principal seat of the Gauhati High Court at Guwahati has today admitted the writ appeal filed by Thangjam Ongbi Khumanlei Devi, mother of deceased Thangjam Manorama Devi.
Filed at the active initiative of the Human Rights Law Network (Manipur), the said writ appeal was placed before a division bench comprising of Justice Amitava Roy and Justice CR Sarma.
Senior Advocate of Supreme Court Colin Gonsalves appeared on behalf of the appellant and Advocate Meihoubam Rakesh assisted him during the hearing the matter.
After hearing the matter, the Court fixed November 26 for the final hearing of the appeal along with other appeals preferred by the Assam Rifles authority and the State of Manipur.
It may be recalled here that in the night of July 11, 2004, Thangjam Manorama Devi was arrested by personnel of 17 Assam Rifles from her residence but on the morning her bullet riddled body was found on the road side along Imphal-Yairipok road, about 4 kms ahead of her residence.
The State Government had consequently, instituted an inquiry under the Commission of Inquiry Act, 1952 to find out the facts and circumstances leading to the death of Thangjam Manorama Devi.
The Assam Rifles authorities had challenged the very constitution of the Commission of Inquiry by filing two writ petitions before the Gauhati High Court alleging that provisions of Section 2 (a) (d) of the Commission of Inquiry Act, 1952 read with entry 2 A of the Union List of the Seventh Schedule of the Constitution provides that to inquire into the conduct of the Armed forces or its personnel, acting in aid of civil power, it is only the Central Government and not the State Government, which is competent to constitute a commission of Inquiry.
On June 23, 2005,
the learned single Judge of the High Court held that Union Government, which is the appropriate authority as required under Section 2 (a) (i) of the Commission of Inquiry Act, 1952, which is competent to appoint a Commission to make an enquiry into a matter relating to the Armed forces acting in aid of civil power.
Th Manorama's mother challenged the decision of the learned single judge by preferring the above mentioned appeal.
At the same time the Assam Rifles authorities as well as the State Government also preferred appeals against the said judgment and order.