Despite the recommendation of the NHRC to pay monetary relief to the next of kin of the two deceased, the chief secretary has failed to comply with the recommendation of the NHRC. The NHRC has also failed to fulfil its statutory obligation to enforce its order.
TFM Report
The High Court of Manipur has directed the chief secretary of Manipur to pay an amount of Rs.5 lakh each as monetary compensation to the next of kin of two deceased persons of fake encounters. This followed the direction of the National Human Rights Commission (NHRC) on March 5, 2020.
The High Court has asked the state government to pay compensation within a period of twelve weeks.
Suhas Chakma, Director, National Campaign Against Torture on January 28, 2009, filed a complaint with NHRC against the alleged extra-judicial killing of Ningthoujam Ananda Singh and Palungbam Kunabihari @ Bose @ Abung by a combined force of Manipur Police Commandos and the 16th Assam Rifles at Kanglatombi Makhan Road, Imphal.
The NHRC after taking cognizance and upon hearing the parties, held that the deceased were killed by the combined force in an extra-judicial manner and their right to life was violated by the police. After issuance of show cause notice under Section 18 of the Protection of Human Rights Act, 1993 and after calling for response from the chief secretary, on February 5, 2020 the NHRC recommended payment of Rs.5 lakh each as monetary compensation to the next of kin of the two deceased namely Ningthoujam Ananda Singh and Palungbam Kunabihari @ Bose @ Abung.
Despite the recommendation of the NHRC to pay monetary relief to the next of kin of the two deceased, the chief secretary has failed to comply with the recommendation of the NHRC. The NHRC has also failed to fulfil its statutory obligation to enforce its order.
The petitioner has approached the Delhi High Court for enforcement of the recommendation made by the NHRC, however, the same was dismissed with liberty to approach the Manipur High Court. Therefore, the petitioners have filed the writ petition before the HC.
The HC after hearing stated that the order of the NHRC has attained finality and is not subject matter of challenge by the respondents.
Therefore, the proposition in the directives of the Full Bench of the Madras High Court only leads to the conclusion that the respondents are bound to comply with the recommendation of the NHRC, so pay the amount within twelve weeks.