Imphal, February 18, 2010: The final hearing of Manorama killing case has started in the court of Principal Bench of the Gauhati High Court, said a statement of the director of Human Rights Law Network, Manipur, Meihoubam Rakesh issued from Gauhati today.

The Gauhati High Court, Principal Bench has started the final hearing of appeals filed by the State of Manipur, Assam Rifles Authority and Manorama�s mother and brother.

The said appeals were arising out of two sets of Writ Petitions (WP (C) No.5817 of 2004 filed by Col Jagmohan Singh & anther and W.P.(C) No.6187 of 2004 filed by JC - No.172262FNb Digambar Dutta & 3 others) challenging the competence of the State of Manipur to appoint a Commission of Inquiry under the Commission of Inquiry Act, 1952 to inquire into the facts and circumstance leading to the death of Thangjam Manorama Devi on July 11, 2004, the statement said.

To identify responsibilities on the person/persons responsible for the death of Th Manorama Devi, to find out any matters incidental etc.

The said two Writ Petitions were disposed on June 23, 2005 concluding that state government is not competent to appoint such a Commission of Inquiry to inquire into a matter relating to the armed Forces acting in aid of civil power.

The single judge has directed the state government to hand over the report of the inquiry to the Union Government in the Ministry of Home Affairs without delay.

The Union Home Ministry, represented by the Secretary, will examine the report and pass orders/take appropriate action against the 17th Assam Rifles personnel, if any, indicted in the report without loss of time.

Being aggrieved with the judgment and order passed on June 23, 2005 the two writ petitions were filed.

The appeals were placed before a division bench comprising of the Chief Justice, Jasti Chelameswar and Justice Anima Hazarika.

Colin Gonsalves, senior counsel, who practices normally at the Supreme Court of India has pleaded for and on behalf of the Manorama�s mother Thangjam Ongbi Khumanlei Devi and her brother namely Thangjam Dolendro Singh.

During the hearing Colin Gonsalves was assisted by advocate Meihoubam Rakesh.

Colin Gonsalves submitted that entry 2A of list 1 of the seventh schedule of the Constitution of India deals with the power, jurisdiction, privileges and liabilities of the armed forces in respect of deployment.

The alleged rape and murder of Manorama by a few members of the armed forces is not a subject relating to the power, jurisdiction, privileges and liabilities of the armed forces in respect of deployment.

The latter is a general issue relating to deployment while former is a specific issue relating to the criminal conduct of a few persons.

Colin Gonsalves submitted his arguments for about 3 hours.

The hearing will continue on Tuesday (February 23, 2010).

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