High CourtsSingle Bench(2024) 12 MAN CK 0043

State Of Manipur vs National Human Rights Commission & 2 Ors.

Manipur High Court · Decided on 27 December 2024

HON’BLE JUDGES
Golmei Gaiphulshillu, J
CASE NUMBER
Writ Petition (C) No. 892 Of 2024, Miscellaneous Case (Writ Petition (C)] No. 821 Of 2024

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Judgment

14 paragraphs · 398 words

Golmei Gaiphulshillu, J

Heard Mr. RK. Umakanta, learned senior counsel appearing for the petitioner.

Issue notice.

The learned senior counsel appearing for the petitioner is directed to take steps for service of notice upon the respondents by speed post.

The learned counsel requested to stay the operation of the letter dated 21.03.2023 (Annexure –R/10) issued by the Joint Registrar (Law) addressed to the Chief Secretary, Government of Manipur, which reads as follows:

“In view of above, the Commission presumes that the State Government of Manipur has nothing to say against the payment of monetary compensation to the next of kin of the deceased. The Commission, therefore, confirms its show cause notice and recommends to the Govt. of Manipur through its Chief Secretary to say a sum of Rs. Five Lakh as monetary compensation to the next of kin of the deceased Heisnam Sanahanba Singh and submit the compliance report along with proof of payment to the Commission within six weeks. With this recommendation, the case is closed.”

And the letter dated 02.12.2024 (Annexure – R/11) issued by the Joint Registrar (Law) addressed to the Chief Secretary, Government of Manipur which reads as follows:

“Registry is hereby directed to issue a final reminder to the Govt. of Manipur through its Chief Secretary to pay a sum of Rs. Five Lakh as monetary compensation to the next kin of the deceased Heisnam Sanahanba Singh and submit the compliance report along with proof of payment to the Commission within four weeks, failing which the Commission will be constrained to issue coercive process u/s 13 of PHR Act, 1993, calling for personal appearance of the authority concerned before the Commission. A copy of all proceedings may also be send along with this proceedings.

Put up after 4 weeks.

2.

It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 03/01/2025, for further consideration by the Commission.”

It is seen that the date for consideration of the recommendation and for submitting the compliance report is on or before 03.01.2025.

In this regard, this Court is of the considered view that the letter dated 21.03.2024 (Annexure – R/10) and letter dated 02.12.2024 (Annexure – R/11) need to be stayed till the next date of hearing.

Accordingly, the operation of the 2 (two) letters dated 21.03.2024 and 02.12.2024 are stayed.

List the matter on 19.02.2025.