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2005 DIGILAW 257 (GAU)

Kh. Brojen Singh v. Chief Secretary to the Government of Manipur and Ors.

2005-03-23

T.NANDA KUMAR SINGH

body2005
Heard M.L.A..Bimol, learned counsel for the petitioner as well as M.L. Jalal, learned GA for the respondents. Learned counsel for the petitioner submits that this Court passed judgment & order dated 12.8.2003 in CR No. 97211979 filed by MLKh. Brojen Singh, who is the brother of the present applicant directing the respondent i.e. 1 )The Chief Secretary to the Government of Manipur, Secretariat, Home Department, Imphal, 2) The District Magistrate-cum-Deputy Commissioner, Thoubal District, Thoubal, 3) The Director General of Police, Manipur, Imphal and 4) The State of Manipur to pay an amount of Rs. 60, OOO/- as compensation to Shri Kh.Brojen Singh, petitioner of CR No. 972179 for his wrongful detention of 76 days even after the Court passed order for releasing him forthwith in a Habeas Corpus petition filed by the petitioner, Kh.Brojen Singh. Further case of the applicant is that against the order of this Court passed in the said Habeas Corpus petition for releasing, Mr.Kh.Brojen Singh forthwith, State respondents preferred an appeal before the Apex Court and Apex Court dismissed the said appea-and therefore the writ petitioner, Mr. Kh. Brojen Singh, filed a contempt case for non compliance with the order of this Court for releasing the him forthwith. In the said contempt case being Cril.Orgl.Contempt Case No, 137 of 1995 this Court passed an order dated 5.2.1996 sentencing the respondents for a period of two months, with a fine of Rs. 2000/- each. Against the said order, the concerned authority of the Government filed an Appeal i.e. Civil Appeal No. 13271 of 1996 before the Hon'ble Apex Court. The Apex Court in Civil Appeal No. 1327l//96 held that service of notice of the said Civil Appeal No. 13271196 to the present applicant of this Misc.Appln i.e. Kh. Sony Devi, will be treated as sufficient service to Shri Kh. Brojen. Ultimately the Apex Court passed final judgment and order dated 13.2.1997 wherein it has been held that "We, however affirm that the imposition of fine. The amounts, if not already paid, shall be deposited within four weeks. The amounts shall be paid over to the first respondent and in case the first respondent is not to be found, as is suggested by the learned counsel for the appellants, the said amount shall be paid to his parents and to his children and in the absence of either, to his sister - Kh. The amounts shall be paid over to the first respondent and in case the first respondent is not to be found, as is suggested by the learned counsel for the appellants, the said amount shall be paid to his parents and to his children and in the absence of either, to his sister - Kh. Sony Devi, upon whom notice in these appeals was served." The Government of Manipur, in compliance with the judgment & order of this Court dated 12.8.2003 passed in CR No. 972/97 had issued order being No. 17(1)/2003-H(NSA(Pt) dated 12.7.2004 for approval and sanction to an expenditure not exceeding Rs. 60, 000/- (Rupees sixty thousand) only for payment of compensation to Shri Kh. Brojen Singh, S/O Shri Kh. Ibomcha Singh of Khongman Mayai Leikai, Imphal East District, Manipur. A copy of the said order of Govt of Manipur is available at Annexure-P/2 to the present misc.appln.). Here, in the present misc.appln. the applicant prays for a direction to respondent no.2, i.e. D.C., Thoubal District to deposit the said sanctioned amount of Rs. 60, 000/- in the Registry of this Bench to avoid the risk of collecting the sum at a distant place and direct the payment of the said amount to the Applicant, Smt. Kh. Sony Devi, younger sister of the petitioner i.e. Kh. Brojen Singh of CR No. 972 of 1997 in the manner the Apex Court allowed to receive as compensation amount vide judgment & order dated 13.2.1997 passed in Civil Appeal No. 13271 of 1996. In this regard, learned GA, Mr Jalal submits that he has no information as to whether the present applicant, Smt. Kh. Sony Devi had been authorized to receive the said amount of Rs. 60, 000/by Kh. Brojen, petitioner in CR No. 972/97. Mr. Bimol, learned counsel for the applicant submits that he has been instructed by Kh. Brojen Singh, petitioner of CR No. 972/97 to file the present application for necessary order from this Court for allowing his sister Kh. Sony Devi to receive the said amount of Rs. 60, 000/- sanctioned by the Government of Manipur under the order dated 12.7.2004 (Annexure-P/2 to the misc.appln.). This Court accepts the submission of Mr. A. Bimol, learned counsel for the applicant and it is also made known to him that he would be liable for consequences if in case, Kh. Brojen, petitioner of CR No. 972/97 speaks otherwise. 60, 000/- sanctioned by the Government of Manipur under the order dated 12.7.2004 (Annexure-P/2 to the misc.appln.). This Court accepts the submission of Mr. A. Bimol, learned counsel for the applicant and it is also made known to him that he would be liable for consequences if in case, Kh. Brojen, petitioner of CR No. 972/97 speaks otherwise. From submission of learned counsel for the petitioner and also from perusal of the judgment & order ofthe Apex Court dated 13 .2.1997 passed in Civil Appeal No. 13271196 wherein the Apex Court allowed the present applicant, i.e. Kh. Sony Devi, younger sister of the petitioner Kh. Brojen Singh to receive the amount mention in the said appeal" this misc.appln is disposed of with the following direction: 1) Respondent No. 2, D.C, Thoubal District is to deposit Rs. 60, 000/- which has already been sanctioned under the said order of Govt of Manipur dated 12.7.2004 (Annexure-P/2 to the misc.appln.) to the Registry of this Bench within a period of one month from the date of receipt of this judgment & order. 2) On deposition of the said amount of Rs. 60, 000/- by the D.C., Thoubal District in this Registry, the Registrar has to pay the said amount to Smt. Kh. Sony Devi, after being identified by Mr. A. Bimol, learned counsel for the applicant before the Registrar. With the above observation and directions, this misc.application is disposed of.