Thangjam Manorama Devi Case
- Human Rights Law Network (Manipur) -

Imphal, the 5th September 2010

Human Rights Law Network (Manipur) is pleased to announce that the prolong litigations about the competency of the State of Manipur authority to institute inquiry against the armed forces of the Union of India arising out of alleged rap and murder of Km. Thangjam Manoram Devi by the personnel of 17 Assam Rifles on 11th July 2004 has come to an end. A division bench of the Gauhati High Court, Principal Bench comprising of Hon'ble Mr. Justice Amitava Roy and Hon'ble Mr. Justice B.D. Agarwal had announced its judgment and order on 31st August 2010, which had been reserved after last hearing at length held on 11, 12 and 13 of May 2010 consecutively at Guwahati.

The above mentioned judgment and order passed consequent upon filing of different Writ Appeals filed by the Assam Rifles authority, State of Manipur and family members of the deceased Thangjam Manorama Devi against judgment and order dated 23rd June 2005 passed by the Hon'ble Mr. Justice D. Biswas, inasmuch as they were being aggrieved from their respective perspectives, to the ruling that appointing of Commission by the State of Manipur was beyond its competence and further directing the State of Manipur to hand over the report of the Inquiry Commission to the Union Government for scrutiny thereof and appropriate action against the concerned personnel of the 17 Assam Rifles, if so indicated therein.

Mr. Colin Gonsalves, Senior Advocate (Supreme Court of India and come down from Delhi for this specific case) assisted by Mr. Meihoubam Rakesh, Advocate has pleaded on behalf of the family of deceased Thangjam Manorama Devi. Mr. Colin Gonsalves, has persuasively argued with reference to Entry 2 and 2A of the Union List as well as Entry 1 and 2 of the State List of the Constitution of India that having regard to the acts of criminality perpetrated by a phalanx of the Assam Rifles personnel, the same could by no means be comprehended to be within their duties as such in the aid of civil power and therefore the State of Manipur was wholly within its power and jurisdiction to appoint the Commission to probe into the facts leading to the unfortunate incident involving the deceased.

Mr. Colin Gonsalves further insisted that as the alleged act of rape and murder of Manorama Devi by the culpable personnel of the Assam Rifles are wholly unrelated to the deployment of any armed force of the Union or the power, jurisdiction, privilege and liabilities of the members thereof, in course of such detailment, but instead are gory instances of individual excesses, the challenge to the lack of the jurisdiction of the State of Manipur to constitute the Commission for enquiring into the facts relatable to the incident is obviously misconceived. While asserting that the proceedings o f the Commission unerringly establish that Manorama Devi had been raped and shot at from a close range by some personnel of the Assam Rifles acting with prior concert, the learned Senior Counsel urged that the offending acts were palpably illegal and inhuman besides being in defilement of basic human dignity and rights.

After hearing the parties at length, the Hon'ble Court has interfered with the earlier impugned judgment and order dated 23rd June 2005 passed by the leaned single. Further it is held that the impugned notification dated 12th July 2004 thereby appointing a commission of inquiry to ascertain the fact and a circumstance leading to the death of Km. Thangjam Manorama Devi is legal and valid. Thus, the State of Manipur is left at liberty, if so advised, to deal with the provisions of the Commission of Inquiry Act, 1952 and other relevant provisions of law pertaining thereto.

The Writ Appeal on behalf of the family members of the deceased was filed with active initiative of Human Rights Law Network (Manipur). The above mentioned judgment and order is made available to the counsel on 4th August 2010 after applying for certified copy. HRLN believes that present judgment and order, which comes 6 years after the unfortunate incident, that was followed by a mass hue and cry movement by the general public, may generate a new hope for justice and reparation to the victims of serious forms of human rights violation in Manipur.

Meihoubam Rakesh, Director,
Human Rights Law Network (Manipur),
KVIC Building, 2nd Floor, Opposite Videocon House,
Paona Bazar, Imphal - 795001.
Mobile:- +919436021438
Land line:- 0385-2442165 (O), 0385-2461340 (R)