CBI directed to disclose investigation outcome to petitioners on fake encounter cases
IMPHAL | May 15
Chief Judicial Magistrate, Imphal West today directed the Special Investigation Team (SIT), Manipur of CBI/SC-III to comply the directive of Supreme Court by informing the petitioners of fake encounter cases about the outcome of investigations on or before submitting the final report.
The direction of the Court was given after hearing the petition jointly filed by Khundrakpam Ongbi Bisnashakhi Devi, 70, wife of Kh. Shanti Singh of Uripok Laikhurembi Leikai and president of the Extra Judicial Execution Victims Families Association, Manipur (EEVFAM), Renu Takhellambam.
The counsel of petitioner during the hearing submitted his client is the mother of deceased Khundrakpam Tejkumar alias Gandharva Singh who was allegedly killed by the personnel of 19 AR in ab alleged fake encounter on March, 9 2004.
It is also submitted by the petitioner counsel that, victim’s mother had submitted written report of the incident to the OC, Imphal Police Station soon after the incident about the commission of crime by the personnel of 19 AR. Later on, Renu Takhellambam also filed Writ petition of the incident during 2012 before the Supreme Court thereby seeking appropriate direction for causing effective investigation into the incident of 1528 fake encounters that occurred in the State of Manipur including the incident killing of Tejkumar alias Gandharva.
On July 14, 2017 the Supreme Court of India passed an interim order directing the CBI to go through the records of the cases. CBI in compliance to the directives of the SC, has so far registered 38 different FIRs.
Subsequently, CBI has registered the killing of Tejkumar alias Gandharva by the personnel of 19 AR in a fake encounter on March 9, 2004.
As a part of investigation, the IO has recorded the statements of various civilian witnesses including the mother of the victim and that IO has collected several documents, materials objects and also recreated the crime scene in order to find out the persons responsible for killing the victim, Tejkumar alias Gandharva.
The counsel also recalled that, the Guwahati High Court, Imphal Bench has awarded Rs. 4 lakhs as compensation to the mother of victim after ascertaining that the victim was killed by the personnel of 19 AR in a fake encounter and same was also complied with the authority concerned.
Petitioner’s counsel also submitted that the CBI has been submitting number of closure reports before the concerned magistrates who accepted the reports without giving notice to the family of the deceased or the informant or petitioners.
Thus, the petitioners have a reasonable apprehension that in case of the FIR case related with killing of Tejkumar alias Gandharva, CBI may submit the ‘Final Report’ of the investigation before the Court without giving notice to the petitioner and therefore, the Court may proceeded further without opportunity of being heard to the petitioners.
Meanwhile, the Court after hearing the submission observed that, CBI IO of the referred case FIR case shall comply with the requirement of S. 174 (2) (ii) CrPC after completion of the investigation and inform the petitioners, who are the persons who first complained of the matter to the concerned authorities of any action taken by the IO u/s CrPC.
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