TODAY -
Compensate, HC orders Army
Source: The Sangai Express

Imphal, Jul 22: In a significant verdict, the Gauhati High Court has asked the Central Government and Army authorities to pay Rs 3.5 lakhs as compensation for causing the forced disappearance of Khundrakpam Yaima alias Boyai, then 20, of Kwakeithel Akham Leikai.

The verdict was pronounced on June 8 after the final Court hearing of the case on June 6.It is said that this is the biggest amount ever awarded by the High Court on Habeas Corpus cases taken up in the State.

Troopers of 317 Field Regiment apprehended Yaima along with his friend, M Churchill from Jiribam area on the intervening night of September 24 and 25, 1998.Though Churchill was handed over to the police the next morning, the Army failed to set free Yaima.

Yaima's mother Ibetombi then filed a Habeas Corpus petition before the Gauhati High Court Imphal Bench on October 12, 1998 and the Court on May 19, 1999 asked the District Judge Manipur East to conduct an inquiry into the matter, said Meihoubam Rakesh, who appeared on behalf of the petitioner.

The Session Court completed preparing the report on September 28, 2004.The report said that 'there is no evidence to show that Yaima had been released at any time after the said arrest.

It is to be taken that he has been in the custody of CO 317 Field Regiment since the time of his arrest and it is for the Army authority to account for the whereabouts of Yaima.' Having perused the trial Court's report, the High Court in its Imphal Bench sitting heard the final hearing on June 6 this year and pronounced the verdict on June 8.In its verdict, the Court headed by Justices RB Mishra and T Nandakumar Singh said that respondents I to 4, that is CO of 317 Field Regiment, Secretary Ministry of Home Affairs, Secretary Ministry of Defence and GOC 57 Mountain Division, should be responsible for Yaima's arrest by 317 Field Regiment and failure to release from their custody.

The respondents that are jointly or severally liable for the illegal actions are directed to pay Rs 3.5 lakhs to the petitioner within four months, the Court ruled.

The amount 'shall substantially met the ends of justice in the peculiar facts and circumstances of the case,' the Court said while making it clear that 'the compensation amount is in addition to the other remedies available to the petitioner in the ordinary course of law by way of damage in civil suit and other remedies in criminal proceedings against the wrong doers'.

The respondents are also further asked to pay Rs 5000 as fee to Advocate Rakesh within the same period.

Rakesh said this is the biggest amount ever awarded by the HC on Habeas Corpus cases in the State.





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