Source: Hueiyen News Service
Imphal, October 08, 2009:
After the state home department intimated Manipur Human Rights two times to stop investigation into the July 23 shooting incident, commissioner (home) today furnished a written letter to the acting chairperson of the commission to close two cases taken up by the rights commission again today, an official source said.
Earlier, intimations asking the commission to stop investigation into the case were furnished by the under secretary (home) Pijiyadarshini Laishram as applicant but the intimations were rejected by the acting chairperson of the commission M Gourachand.
This time, the letter of the commissioner (home) will be considered by a seating of the commission, the source said.
The letter of the commissioner (home) to the acting chairperson reportedly stated that Manipur government has instituted a commission of inquiry under commission of inquiry act 1952 to conduct inquiry into the July 23 shoot-out incident.
With the reason behind it, inquiry proceeding taken up under case number 10 of 2009 and 12 of 2009 of the rights commission are not agreeable and asked to close it.
State human rights commission has taken up the case no.10 of 2009 following receipt of a complaint from the husband of victim Thokchom Rabina, Chinglensana.
The commission has registered the case on September 28. State chief secretary was also informed of the matter.
The commission further registered another case on the same incident following receipt of a complaint lodged by wife of another injured victim of the incident, P Golmei under case no.12 of 2009. The commission later combined the two cases and started proceeding under case no.10 of 2009.Under the case no.10, the commission asked the state DGP to furnish a detail report of the incident on last July 31. An order of the commission issued on September 28 asked the senior SP Imphal west and OC of the police commando to appear before in person to the commission on September 29. The said orders were related with the death of Rabina and injure to Mangal Golmei.
It was not related with the death Chungkham Sanjit and other injured persons.
It shows that the inquiry of the commission is limited.
As demanded by section of the people and some civil organizations including the two JACs formed in connection with death of Sanjit and Rabina, government instituted a one-man commission of inquiry to be done by retired judge of the Guwahati High Court by issuing an order on August 27. The term of reference of the judicial inquiry covered all incidents related with the July 23 shooting incident.
As per protection of human rights act 1993 section 21 (5) if a commission conducts injury, any other state commission should be stopped.
As the inquiry of the one-man commission has instituted and starts investigation, the inquiry of the rights commission needs to be suppressed.
Government has also on September 29 asked the commission to stop further proceeding of inquiry of the commission, the intimation of the commissioner added.
On the other hand, in a briefing to the media persons, commission member RK Rajendra observed that the statement of the home department is contradict with the law.
Handing over findings of an inquiry to another inquiry will never be allowed.
Due to the lack of co-operation of the police, commission is not able to proceed further for providing relief to the victims of the incident.
The need for consideration on whether one-man inquiry or the commission inquiry will benefitted to the people, particularly to the victims of the incidents.