Imphal, September 11, 2009: The Gauhati High Court Imphal bench today directed the City Police to register a separate FIR case as per the complaint lodged by the husband of the Th Rabina who died in July 23 shooting incident.

The ruling of the court after the hearing on the writ petition filed by the mother-in law of Rabina with a prayer to the court directing the City Police to register a case as per complaint lodged by her son Chinglensana with regard to the killing of his wife which police failed to register.

The ruling of the court pronounced today directed one of the respondents of the case, OC, Imphal city police to register a case as per complaint lodged by the husband of Rabina on July 24 and proceed the investigation in accordance with law.

The court also directed other government respondent, the director general of police (DGP) and superintendent of police, Imphal west to ensure the OC, City Police Station complies with direction of the court for registering an FIR immediately.

The full hearing on the city police failure to register FIR case as per complaint lodged by the husband of the Th Rabina who was killed in a shoot out at Khwairamband Bazar on July 23 started on September 7 in the court of justice Ashok Potshangbam of Gauhati High Court, Imphal bench and the ruling was pronounced today.

On the, government, counsel, senior advocated Th Ibohal and counsel of the DGP, N Kumarjit argued citing rulings of the Supreme Court and High Court that said that City police station had already registered an FIR case with regard to the incident and there is no need for registering another FIR case on the same incident.

The counsel of mother in-law of Rabina, Thokchom Mema who filed the case against non-register of FIR case, advocate Khaidem Mani while giving his argument said that objected the observation of the government and DGP counsel on the basis of other rulings of the Supreme Court and High Court and insisted that police should register FIR case based on the complaint lodged by husband of the deceased Rabina, Chinglensana.

City police taken up an FIR case on the July 23 shooting incident based on the report filed by one Herojit, a police commando personnel under section 302/326/307/536 of IPC and under section 25 (1-B) of section 17/20 of UA (P) A Act.

In the ruling of the court it was observed that by the turn of events and subsequent revelation with pictorial exposures, there is a strong possibility that the FIR No.75 (7)/2009 was found on incorrect/false information.

None of the respondents have filed any affidavit except the DGP who maintained in his affidavit that Rabina was not killed on July 23 by the personnel of the Manipur Police Commandos thereby shielding the scope of investigation beyond the official version and the state stand of the DGP.

The court is constrained to observe that no body is above the law and the investigation of the case to find out the real culprit(s) cannot be scuttled by refusing to register an FRI case on the complaint lodged by the husband of the victim.

In the writ petition of Mema, it can be mentioned that she prayed the court to direct the state government to investigate the case to an independent body like the CBI and award adequate compensation to the victims.

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