CBI preplanned to shift Ningshen to Delhi: JAC
Source: Hueiyen News Service

Imphal, July 07 2009: (Following is the full text of a press release issued by Lt.Col.(Retd) S.Tekendrajit Singh, Chairperson, Joint Action Committee Against the Brutal Killing of Dr Th Kishan, Y Token and A.Rajen Sharma) .

Last month, to be more precise on June 10, news items in the Delhi edition of Times of India and The Pioneer carried the headlines ' SC poser to Centre on deteriorating law and order in NE States' and 'SC upset over C.B.I reluctance to produce NSCN-IM accused' respectively.

Since we are pursuing the subject case and had access to the transfer petition filed to the Hon'ble Supreme Court by C.B.!, we are obliged to bring to the notice of general Public the implications of the case filed by CBI.

CBI, investigating the murder case of SDO of Kasom Khullen Dr.Thingnam Kishan Singh and his two subordinates submitted a Transfer Petition to the SC on an unusual ground that the accused Hopeson Ningshen could not be produced in the designated court in Manipur fearing communal backlash by Meiteis on Nagas.

The vacation Bench comprising Justices B Sudershan Reddy and Aftab Alam were literally shocked when additional solicitor general Amarendra Saran, appearing for CBI tried to convey the grave law and order situation in Manipur while producing the accused belonging to NSCN-IM cadre in a court in Manipur.

The Bench interjected "What is happening? The situation appears to be critical there".

Mr.Saran agreed.

The Bench was surprised to note that the C.B.!, the premier investigating agency of the country alongwith the state's police force were reluctant to tackle violent incidents that could possibly erupt on producing the accused in a court in Manipur.

In response to a letter from SP, CBI Imphal asking whether it would be safe for the produce accused Hopeson Ningshen before CJM, Ukhrul on expiry of the police remand on 12 June 2009, the Police Department Government of Manipur informed the C.B.I.that the law and order situation in the state is not conducive to bring the accused to Manipur.

The relevant extract of the letter of the Department is reproduced as under:
"It may be recalled that on 29.05.2009 when Shri Hopeson Ninsghen was brought to Imphal for production before the CJM Ukhrul for police remand, a mob of considerable strength gathered near the airport with intention to cause harm to Shri Hopeson Ningshen.

This was despite keeping the information about the production of the accused Ningshen a secret.

The member of the JAC and general public are now aware that Shri Ningshen has been remanded to police custody for 15 (fifteen) days and he is to be produced again before CJM Ukhrul after expiry of the police remand period.

Considering the highly emotive nature of this case with serious possibility of ethnic clash between Meiteis and Nagas, it is felt that the very presence of Shri Hopeson Ningshen in Manipur is likely to lead to serious law and order problem, breach of peace, violence and eminent threat to the life and safety of the accused.

It may also be highly risky to keep Shri Ningshen in Judicial custody in Manipur as there is every possibility of attempt on his life from unruly jail inmates even in judicial custody".

At this stage, we have unqualified reservations regarding some insinuation incorporated in the transfer petition submitted by Hon'ble Supreme court.

First, the brutal murder of SDO Dr.Th.Kishan and his staff Y.Token and A.Rajen were condemned vehemently both by the people living in plain and hills of Manipur alike.

Rallies and public meetings were held in all the districts of Manipur cutting across lines of caste, creed and religion.

This was for the first time that the condemnation of a murder was from all quarters and all walks of life in the state.

Hence, the apprehension of an ethnic clash between Meiteis and Nagas after four months of the incident is far from ground reality.

Second, when Hopeson Ningshen was brought to Imphal for production before CJM, Ukhrul on 29th May 2009 only five family members of the deceased government officials were present at the Imphal Airport.

The presence of media personnel were altogether a different story.

However, there was a large posse of CRPF and state police personnel in the airport headed by Imphal west SSP.

The report about arrival of Hopeson was conveyed to media personnel by their counterparts from Nagaland.

Family members reached airport once they were informed by the media personnel.

The contention that 'a mob of considerable strength gathered near the airport with intention to cause harm to Shri Hopeson Ningshen is only a fig of imagination.

Third, the contention of SP, C.B.I.that 'sense of insecurity prevailed in Imphal airport and Shri Ningshen had to be shifted out of Manipur immediately for his safety' is contradictory to the permission granted by CJM, Ukhrul Shri M.Manoj Kumar Singh to C.B.I.for taking the accused outside the territory of Manipur 'to enable proper investigation if necessary' while granting 15 days police remand on 29 May 2009.Also as per the contents of fact of case submitted by the the SC it was clearly mentioned that the accused Hopeson Ningshen was brought to Imphal airport on way to transfer him to Delhi for investigation.

It is submitted that shifting of Hopeson Ningshen to Delhi was preplanned by has nothing to do with his insecurity or otherwise in Manipur.

No newspaper local or national published anything regarding insecurity of Ningshen at Imphal airport much less a gathering of a mob to harm him.

Fourth, the contention of the state police that the 'very presence of Shri Ningshen in Manipur is likely to lead to serious law and order problem, breach of peace, violence and eminent threat to the life and safety of the accused' is far from truth.

When the general public of Manipur had clearly avoided giving communal tinge to the sad case of brutal murder it would be totally out of place to comprehend any communal backlash after four months of murder while the murderer is produced before court.

Fifth, if the state police feel the prison in Manipur is unsafe for its inmates, we pray the Hon'ble Chief Justice of the Hon'ble Supreme Court of India to give suitable directives to concerned state government in this regard.

Will it fool anybody if the state abdicates its basic duty to safeguard its citizen by insinuating an imminent Meitei- Naga clash? .

We have full confidence in the judiciary of the land to ensure a fair and speedy trial.

The extreme nature of the crime must not be lost sight off and exemplary punishment awarded so that such heinous crime is not perpetuated in future.

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