Ningombam Ibochouba Singh vs State Of Manipur & Anr.

Ahanthem Bimol Singh, J

Heard Mr. N. Jotendro, learned senior counsel assisted by Md. Abdul Baqee Khan, learned counsel appearing for the petitioner and Mr. Niranjan Sanasam, learned GA appearing for the respondents.

As a limited prayer has been made on behalf of the petitioner and as agreed to by both the counsel appearing for the parties, the present writ petition is being disposed of at the Motion stage itself.

It has been submitted by the learned senior counsel appearing for the petitioner that the petitioner, in the capacity of the Director, BIPL, has been executing various works in the State of Manipur in connection with the road construction and other contract works and that because of the nature of work executed by the petitioner, he received tremendous threats from the various insurgents operating in the State of Manipur. In view of the threats from the insurgents, the petitioner earlier approached this court by filing a writ petition being WP(C) No. 125 of 2019 with a prayer for directing the authorities to provide security escorts to the petitioner at the time of inspection of the ongoing construction/ execution of contract work. The said writ petition was disposed of by an order dated 18-03-2019 by directing the respondents to consider the case of the petitioner by taking into consideration the threat perception faced by the petitioner and that the respondents shall ensure that security coverage is provided to the petitioner as and when the Police Department is informed by the petitioner with regard to his movement.

Pursuant to the above direction given by this court, the Inspector General of Police (Ops.) for DGP, Manipur through a Wireless Message provided seven armed escort from the 4th IRB as guard-cum-security escort of the petitioner. It has been submitted by the learned senior counsel that pursuant to the said order of the IGP, the security coverage provided to the petitioner by the State Government was still continuing and subsequently, another two armed personnel were also provided as guard-cum-security escort due to the threat perception faced by the petitioner. The learned senior counsel submitted that like a bolt from the blue and without any notice to the petitioner, the IGP (Ops.) for DGP, Manipur through a Wireless Message dated 11-01-2024 withdraw the guard-cum-security escort earlier provided to the petitioner. It has been strenuously submitted that the said withdrawal was done without any consideration about the security of the petitioner and also the various threats faced by the petitioner from the insurgent groups. Having been aggrieved, the petitioner submitted a representation dated 12-01-2024 to the Commissioner (Home), Government of Manipur and the Director General of Police, Manipur with a request for reviewing the said withdrawal order dated 11-01-2024 and to allow him to retain the guard-cum-security escort earlier provided to him. The said representation is still pending for consideration.

The learned senior counsel submitted that the petitioner will be satisfied for the time being if the present writ petition is disposed of by directing the Director General of Police, Manipur to consider the said representation on its own merit and to dispose of the same by issuing a speaking order within a reasonable period. It has also been submitted by the learned senior counsel that pending consideration and disposal of the said representation, the operation of the impugned order/ message dated 11-01-2024 in respect of the petitioner may not be given effect to.

Mr. Niranjan Sanasam, learned GA appearing for the respondents submitted that he has not received any instruction as to whether the guard-cum-security escort provided to the petitioner had been released or not and that as the prayer made on behalf of the petitioner is confined to consideration and disposal of the representation submitted by him, he has no objection in disposing of the present writ petition as prayed for by the learned senior counsel appearing for the petitioner.

In view of the submission made by the counsel appearing for the parties, the present writ petition is hereby disposed of by directing the Director General of Police, Manipur to consider the said representation dated 12-01-2024 submitted by the petitioner on its own merit and to dispose of the same by issuing a speaking order with a period of two weeks from today. It is made clear that pending consideration and disposal of the said representation, the operation of the impugned order/ message dated 11-01-2024 in respect of the petitioner shall not be given effect to.

With the aforesaid direction, the present writ petition is disposed of.

Registry is directed to furnish a copy of this order to both the counsel appearing for the parties through their WhatsApp/ e-mail during the course of the day for doing the needful.