Imphal, Aug 17 2009: Reminding that the High Court never spared any Judge to conduct Judicial Enquiry in Manipur in the past, ex-MLA and former Law Secretary L Ibomcha has alleged that the State Government was buying time by deliberately going for a sitting Judge knowing well that the Gauhati High Court would never give as sent to such proposals.

A statement issued by the ex-MLA asserted that no retired Judge or Judicial Officer, leave apart sitting Judge, would be willing to conduct enquiry in the Khwairamband Market killing of July 23. Appreciating the stand of the Chief Justice of Gauhati High Court, Chelameshwar not to ente tain the State Government's appeal for a sitting Judge, Ibomcha assumed that the Gauhati High Court refused to give a sitting Judge as it thought any Judicial En quiry would be unnecessary as Tehelka has already established all the facts through a sequence of photographic evidence.

Considering the fact that no report of Judicial Enquiries conducted in the last 7/8 years have been ever published, the Judge might have serious reservations to be a member of the enquiry commission, he alleged.

After Tehelka has exposed the truths of the Khwairamband Market killing, the State authority would have known already from post mortem report whose bullets killed Rabina and injured five others, Ibomcha said.

At this point of time, the state would not able to put the blame on Sanjit for killing Rabina and injuring five people as one police officer has already handled the gun, allegedly used by Sanjit, there by destroying all evidence.

Noting that it has been 6/ 7 years since the reports of Judicial Enquiries con ducted by retired Justice Rajkhowa and retired Sessions Judge Upendra were submitted to the Government, the ex-MLA asked for a clarification from the Government where the enquiry reports have been put aside.

No enquiry report can be used as evidence in a criminal trial.

Even if the Government intends to take action against those accused, an FIR should be registered and investigation started anew before framing charge-sheet(s).

After this, the accused can be punished by a Court only after due trial, Ibomcha said.

A Judicial Enquiry may be instituted but there is no guarantee that its report would be submitted within the tenure of the incumbent Government, he noted.

Expressing surprise over the Governor's reported assurance to take up action within 30 days with regard to the July 23 killing, the ex MLA lamented over the Governor's inaction for 20 days from the day of the incident (July 23) and the day of his meeting with the Apunba Lup functionaries on August 11. Referring to the Chief Minister's statement that Sanjit was a 'pucca' PLA cadre, Ibomcha pointed that from legal perspectives, all individuals should be assumed innocent until convicted by court with evidence.

"If Sanjit was known to be an insurgent in 2000, why did not the Government frame a charge sheet against him so that court could prosecute and punish him"?, the former Law Secretary asked.

Even if the particular SI has' submitted a report about the incident, the responsible police officer should have verified the report on the spot before furnishing the report to the Chief Minister.

As such, the responsible police officer should be held accountable for the false report given by the Chief Minister on the floor of the House, Ibomcha asserted.

To end the prevailing dead-lock between the people and the Government, the later should put all those guilty under judicial custody after registering an FIR against them.

After this, the case should be handed over to CBI for investigation.

Further, all functionaries of the Apunba Lup and JAC currently detained under NSA for demanding punishment of criminals should be released immediately.

Moreover, the police officer responsible for furnishing false report to the Chief Minister should be given forced leave, at least for some time, the ex-MLA suggested.

Comment