M.I. Khan v. State of Manipur & 2 Ors

petitioner as well as Mr. Niranjan, learned G.A. appearing on behalf of the State respondents. [2] The petitioner is an intending candidate of 6th Keirao, Assembly Constituency for the upcoming General Election which has been scheduled to be held on 27.02.2022 and 03.03.2022. The petitioner is also the General Secretary (Administration) of the APNA-Dal(S), Manipur Pradesh party. It is the case of the petitioner that on 06.12.2021 one double pin system Bomb was placed at the gate of the petitioner’s resident along with a note threatening the petitioner not to contest the upcoming General Election, 2022. Therefore, the petitioner filed an FIR on 06.12.2021 before the Officer-in-charge of the Irilbung Police Station, Imphal East District, Manipur and the same was registered as FIR No. 78(2) 2021 IBG- PS under section 307/34 IPC and section 4 of Explosive Substance Act. The petitioner also received threat calls from satellite phone on

14.12.2021 and 19.12.2021. Therefore, left with no option, the petitioner approached the Human Rights commission on

20.12.2021 by filing a Complaint Case being MHRC Complaint WP(C) NO. 28 OF 2022 ORAL 2 Case No. 167 of 2021 for protection. The MHRC passed an interim order on 20.12.2021 directing the respondents to give State well trained armed security personnel to the petitioner immediately for his protection and security. On 27.12.2021, when the petitioner visited a village within 6th Keirao A.C. for visiting a sick person, he was attacked by some unknown and armed miscreants about 10 Km from his resident who open fired around 15 rounds. The petitioner escaped the attacked, however, his driver and one worker were injured in the incident. Therefore, the petitioner lodged an FIR before the Officer-in-charge of Irilbung Police Station on

27.12.2021 and also filed a report to the Superintendent of Police, Imphal West on 29.12.2021. A similar report was also filed on

29.12.2021 by the President of Apna Dal(S) Manipur Pradesh requesting the Special Secretary (Home), D.G.P, Manipur and Superintendent of Police (Imphal East and West) to provide security to the petitioner. The Complaint Case No. 167 of 2021 was finally disposed of by the Manipur Human Rights Commission on

06.1.2022 directing the respondents to give/provide State well trained security personnel to the petitioner without any further delay and the Commission was of the view that the petitioner’s case is most urgent one for his protection and security. However, as there was no response from the State Authorities, the petitioner has filed the present writ petition with the following prayers: “i) ii) call for the records of the case and issue rule nisi calling upon the respondents to show cause as to why the prayer prayed for by the petitioner shall not be granted. And, after hearing them make the rule absolute. Issue writ of mandamus and/or any other writ/order/direction thereby directing the Respondents/concerned provide with well-trained armed personnel Guards on person of the petitioner till the threat subsist. authorities WP(C) NO. 28 OF 2022 ORAL 3 iii) iv) appropriate writ/order/direction that this Hon’ble Court deems fit and proper. Award the cost of the petition.” [3] When the case was taken up on 18.01.2022, this Court considering the urgency involved in the matter directed Mr. Niranjan, learned G.A., to take appropriate instructions and further directed the respondents to take immediate steps with regard to the Order dated 06.01.2022 passed by the Manipur Human Rights Commission in the MHRC Complaint Case No. 167 of 2021. [4] order: On 20.01.2022, this Court has passed the following “Head Mr.Anjan Prasad Sahu, learned counsel for the petitioner. Mr.Niranjan, learned GA, on instruction, submits that in terms of the order dated 18.1.2022 passed in the present writ petition, the IGP (OPS) has given instruction to the Superintendent of Police, Imphal East, by Wireless Message dated 19.1.2022 to provide security coverage to the petitioner until further orders. However, Mr.Anjan Prasad Sahu, learned counsel for the petitioner submits that no security coverage has been given to the petitioner till date. This Court has considered the order dated 6.1.2022 passed by the Acting Chairman, Manipur Human Rights Commission and the relevant portion, reads as under: “ Police report has been submitted in pursuance to the proceeding/order dated 20.12.2021. The police report states inter-alia as follows: “There has been apprehension of threat to his happened on 6th live since then. The incident December, 2021 in which a hand grenade was planted at his Gate with a warning letter not to contest the upcoming General Assembly Election 2022 without any signatory might have related with the threat to his life which was received earlier. Investigation so far conducted reveals that there is apprehension of threat to the life of Shri Md.Islauddin @ MI Khan and his family members”. WP(C) NO. 28 OF 2022 ORAL 4 As the respondents themselves have admitted the fact that there is apprehension of threat to the life of Shri Md.Islauddin @ MI Khan and his family members, are directed to give/provide state well-trained armed security personnel to complainant without any further delay and the Commission is of this view that Complainant’s case is most urgent one for his protection and security. therefore respondent Case is disposed off.” Considering the order dated 6.1.2022 passed by the Manipur Human Rights Commission, the DGP, Manipur, is directed to place the representation dated 29.12.2021 made by the President, Apna Dal (S) Manipur Pradesh, before the State Level Security Review Committee, within the course of the day and, thereafter, the State Level Security Review Committee, shall make proper assessment of the threat perception to the petitioner and, thereafter take necessary steps for providing him security. List the matter on 24.1.2022. In the meantime, the respondents shall provide instructions with regard to the steps taken in terms of the order dated 18.1.2022 passed by this Court in the present matter. Furnish a copy of this order to the learned counsel for all the parties through their respective e-mails/Whatsapp.” [5] The State Level Security Review Committee held its meeting on 31.01.2022 to consider the security arrangement made in favour of the petitioner and thereafter, made the following recommendation: “Armed Security already provide to him may be continued for his security coverage till the election process of the State Assembly Elections, 2022 is over.” [6] This Court has also perused the Order dated

28.01.2022 issued by the Superintendent of Police, Imphal East District detailing Armed Police personnel and VDF members of Imphal East at the residence of the petitioner for providing security coverage to him with immediate effect and until further orders. In WP(C) NO. 28 OF 2022 ORAL 5 the said order, it appears that only 2 (two) Constables are provided to the petitioner and the rest 6 (six) personnel are VDF members of Imphal East. After perusing, the proceedings of the State Level Security Review Committee held on 31.01.2022, this Court directed the learned G.A. to take instructions as to whether the security that has been provided to the petitioner is confined only for his protection at home or wherever the petitioner moves. [7] Today when the matter is taken up, Mr. Niranjan, learned G.A., on the basis of written instructions dated 09.02.2022 written by the I.G.P. (Admn.), submits that the security personnel detailed to the petitioner may not be taken as escorts. However, at the time of filing nomination and after withdrawal of candidature, the armed personnel may be taken as guard cum security escorts till the election process is over. [8] Mr. Anjan Prasad Sahu, learned counsel for the petitioner, submits that the threat perception against the petitioner is very high inasmuch as his life has been attempted in an early occasions and therefore, the security personnel provided to the petitioner in terms of the Order dated 20.01.2022 passed by the Superintendent of Police, Imphal East District is not adequate inasmuch as the petitioner requires Specially Trained Security Personnel for his protection. Mr. Niranjan, learned G.A., on the other hand, submits that adequate security personnel have been provided to the petitioner and the petitioner is not at liberty to pick and choose the security personnel that he prefers. [9] After hearing the learned counsel for the parties and on consideration of the materials available on record as well as the Order dated 28.02.2022 issued by the Superintendent of Police, Imphal East District and also taking into consideration that the life WP(C) NO. 28 OF 2022 ORAL 6 of the petitioner has been attempted at an early point of time, this Court is of the considered opinion that adequate Specially Trained Security Personnel should be provided to the petitioner. In that view of the matter, the Superintendent of Police, Imphal East District is directed to include another 2 (two) more Constables and remove 2 (two) VDF personnel by modifying the Order dated 28.01.2022 so that the petitioner can be well protected. It is also made clear that in terms of the submissions made by the learned G.A., the security personnel as directed to be modified by this Court shall perform duties of guards as well as escorts immediately from the date when the withdrawal of candidates to the ensuing Manipur Legislative Assembly Election is concluded and till the election process is over. With the above directions, writ petition is disposed of. The proceedings of the State Level Security Review Committee which is placed before this Court is placed on record. Furnish a copy of this order to the learned counsel for all the parties through their respective e-mails/Whatsapp. JUDGE joshua CHONGNUNK IM GANGTE CHONGNUNKIM GANGTE +05'30' WP(C) NO. 28 OF 2022 ORAL