Source: The Sangai Express
Imphal, March 13, 2010:
Transfer of Chief Justice of the Gau'hati High Court's Principal Seat is likely to not only cause delay in the disposi'tion of the sensitive Thangjam Manorama Devi killing case but also lead to re'scripting of the entire tale as per legal procedures.
It is informed that the ongoing appeal filed against the earlier verdict of the Th Manorama Devi case, might be heard again from the beginning as the Chief Justice has released the case after being heard partially.
Thirty two years old Ma'norama's multiple bullet riddled body was found near Yaipharok Maring village in Imphal East district on July 11, 2004.She was allegedly picked up from her Bamon Kampu residence by personnel belonging to the 17 Assam Rifles, the previous night.
The Chief Justice, who along with another Judge had heard the appeal filed by different parities including the victim's family and the Assam Rifles, had released the case as he is about to be transferred in the same designation in another state, informed an advocate.
In case the transfer of the Chief Justice transpires, the appeal will be heard from the beginning by a new set of division bench, the lawyer who is appearing on behalf of the victim's family said.
Late Manorama's mother, Khumanleima Devi filed the appeal against the earlier single bench verdict passed in June 2005. She prayed before the division bench to make public the Upendra Commission probe findings and to issue a directive to the state for taking up necessary steps to pull up and punish the guil'ty security personnel involved in killing her daughter.
The single bench verdict had, however, maintained that the Assam Rifles personnel should be punished if the C Upendra Commission report nails them in the killing of Manorama.
But the report should be submitted to Union home ministry for taking necessary measures, it ruled.
Khumanleima's appeal was heard by a division bench of Justices Amitava Roy and CR Sarma in the admission stage in November last year at the principal seat at Guwahati.
The Assam Rifles, which also challenged the single bench's order, argued that the state has no authority to hold inquiry against arm'ed forces (central forces).
Senior Supreme Court lawyer Colin Gonsalves assisted by Meihoubam Rakesh appeared on behalf of the bereaved mother, Ra'kesh said while informing that the final argument (submission) on their part was made before the Principal seat on February 18. Mention may be made that had Manipur witnes'sed widespread public protests in denunciation of the brutal murder and alleged rape of Manorama.
A few days after the incident was reported in the media 15 elderly women disrobed themselves at the western gate of Kangla fort then occupied by the country's oldest paramilitary force.
The nude protest is considered to be the main factor for the shifting of the Assam Rifles unit from Kangla, considered as a sacred site for the majority community of the State.
Moreover, the State machinery promulgated curfew in some of the valley districts to control violent public protests, particularly in the twin capital districts.