Wahengbam Rojit Singh @ Bullet v. State of Manipur and 2 Others

O R D E R

07.07.2023 Heard Mr. M. Hemchandra, learned senior counsel for the petitioner and Mr. Shyam Sharma learned Government Advocate for the respondents.

JOHN TELEN KOM Date: 2023.08.16 11:08:29 +05'30'

¶2The petitioner has filed the writ petition for issuance of a writ of mandamus directing the respondents to dispose of the representation dated

18.5.2023 without any undue delay.

¶3The case of the petitioner is that the petitioner was one of the candidates who contested in 12th Manipur Legislative Assembly Election, 2022 sponsored by Janata Dal (United) party. Before the date of poll, on

26.2.2023, the petitioner was shot by gun by some unknown armed persons in the right chest and by God's grace he survived and, thereafter, there was continuous threat to the life of the petitioner. Though an FIR was registered against the gun shot crime, still the matter is under investigation. Subsequently, a bomb threat was received by the petitioner. As a result, the petitioner was provided house guard cum escort personnel to protect his life and property. However, the same was withdrawn vide WT message dated

4.5.2023 and the order dated 13.5.2023 by citing the prevailing situation in the State of Manipur. According to the petitioner, many other power friendly people like Ex-MLAs and others are still having security personnel and have not been withdrawn till date and they are enjoying the protection, which has greatly aggravated equality clause of the petitioner who is to be similarly protected under Articles 14 and 21 of the Constitution of India. In this regard, on 18.5.2023, the petitioner has submitted a representation to the respondents to deploy house guard cum escort for him and not to give effect of the WT message dated 4.5.2023 and the order dated 13.5.2023 respectively. Despite receipt of the representation, the respondents have

not considered the same till date. Hence, the petitioner has filed the present writ petition.

¶4Mr. M. Hemchandra ,the learned senior counsel for the petitioner submitted that more armed forces are being deployed by the Union of India in the State of Manipur to controvert the present situation and there are enough police personnel as on date to provide protection of the petitioner. That apart, many other Ex-MLAs are enjoying the protection without any disturbance. He would submit that under the garb of prevailing situation in the State, the house guard and escort personnel provided to the petitioner were withdrawn arbitrarily. In this regard, the petitioner has submitted a representation on 18.05.2023 and despite receipt of the said representation, the same has not been considered till date.

¶5At this juncture, the learned counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 18.5.2023 and dispose of the same within a reasonable time that may be fixed by this Court.

¶6Mr. Shyam Sharma, learned Government Advocate appearing for the respondents submitted that if reasonable time is granted to the respondents, they will consider and pass orders on the representation of the petitioner dated 18.5.2023.

¶7Having regard to the limited scope of the prayer sought in the writ petition and taking into account the submissions made on either side, without

expressing any opinion on the merits of the representation of the petitioner or the case pleaded by the petitioner in the present writ petition, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 18.5.2023 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner. There will be no order as to costs.

ACTING CHIEF JUSTICE [[ John Kom

Item No.1 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C)No.495 of 2023 Shri Wahengbam Rojit Singh @ Bullet, aged about 41 years, S/o Wahengbam Inder Singh of Thawanthaba Leikai, PO & PS Porompat, Imphal East District, Manipur-795005. …Petitioner - Versus - 1. The State of Manipur represented by the Chief Secretary/Commissioner/ Secretary(Home), Government of Manipur , office at Secretariat, Babupara, PO & PS Imphal, Imphal West District, Manipur. 2. The Director General of Police, Manipur, office at Babupara, PO & PS Imphal, Imphal West District, Manipur. 3. The Superintendent of Police, Imphal East District, Manipur, office Porompat, PO & PS Porompat, Imphal West District, Manipur. …Respondents BEFORE HON'BLE THE ACTING CHIEF JUSTICE MR. M.V.MURALIDARAN