Source: Hueiyen News Service
Imphal, December 23 2009:
A division bench of the Gauhati High Court, Imphal Bench today passed an order to handover the July 23 alleged "fake encounter" incident of Khwairamband Bazar that claimed life of two persons and injure to five other to Central Bureau of Investigation (CBI).
The court comprising judges, justice Maibam Binoykumar and justice Ashok Potshangbam passed the order after hearing to the Writ Petition filed by mother of the victim Ch Sanjit directing the Manipur government to handover the case to CBI after considering the nature of the case.
Mother of Sanjit, Chungkhan Taratombi approached the high court seeking direction for registration of FIR and other consequential reliefs after the Imphal City Police refused to register an FIR case on the basis of her written report.
Consequent upon the direction issued by the court, the officer-in-charge, city police station has registered an FIR case for investigation.
At the time of passing the said order the court did not pass any order for investigation by CBI but asked the police to submit progress report of the investigation from time to time.
Subsequently, city police submitted the progress of the investigation from time to time.
The court conducted the hearing today to fix whether the case should be handed over to the CBI or not.
Considering the nature of the case as the same is sensational one, the court opined that the matter is to be investigated by an impartial, independent and credible agency and such finding should be credible, the judge observed.
The court further observed that after the incident took place, two version of the incident come out.
One is that the deceased was shot dead in encounter.
Another version stated that the deceased was killed in fake encounter and the same is substantiated by publication in Tehelka Magazine.
The court observed that fairness and public interest demands that such type of case should be investigated by an independent agency.
The court further clarified that they are not making any reflection about the investigation against any police officers of the state.
Consequently the court has passed order for handing over the investigation of the FIR case registered as per direction of the court.
The court also converted the writ petition into Public Interest Litigation (PIL).
In the hearing the petitioner was represented by advocate Khaidem Mani and assisted by advocate Meihoubam Rakesh.
The respondent of state of Manipur is represented by learned advocate general of Manipur government, N Kotishwar and senior government advocate Th Ibohal and the police was represented by advocate N Kumarjit.