The Chief Judicial Magistrate, Imphal West has taken cognizance against eight police personnel on July 8 in an alleged fake encounter case in which a 12-year-old minor was killed in 2009.
However, three Assam Rifles personnel were left out as no prosecution sanction was given by the ministry of defence, government of India.
After taking up cognizance, the case has been transferred to the Session Judge, Imphal West for further proceedings.
The court issued notice to EEVFAM, being an association of victims of fake encounters, which falls within the ambit of “victim” as defined u/s 2(WA) of CrPC and is entitled to participate in the proceedings for considering final report/closure report.
Further, the court also issued notice to three Assam Rifles personnel namely Vijay Singh Balhara, Gopal Singh and Md Riayakat Ali, all from 21 Assam Rifles through Ministry of Defence, EEVFAM for consideration of supplementary charge sheet denying prosecution sanction.
The CBI Special Investigation Team (SIT) in 2020 submitted a charge sheet against eight Manipur police personnel in an alleged fake encounter case in which a 12-year-old minor was killed in 2009 before the Chief Judicial Magistrate, Thoubal.
The eight personnel, who have been named in charge sheet are Bronson Thanga Chiru, the then Havildar, CDO, Thoubal; Ksh Rama Singh, the then rifleman, CDO Thoubal; PS Sanjoy Anal, the then rifleman, CDO Thoubal; Phuritsabam Suresh Meetei, the then Havildar, CDO, Thoubal; ThangjapaoTouthang, the then rifleman/Driver CDO Thoubal; K Rabichandra Singh, the then rifleman, CDO Thoubal; Ng Tronil James, the then rifleman, CDO Thoubal and M Budhichandra Singh, the then rifleman, CDO Thoubal.
All of them were charged under section 302/323/506 and 201 read with 34 IPC.
Angom Bimolson Singh, the then rifleman of CDO Thoubal has expired. The three AR personnel namely Major Vijay Singh Balhara, Rfm Gopal Singh and Rfm Md Riyakat Ali are liable for prosecution for the commission of offences under section 302/323/506 and 201 read with 34 IPC.
The CBI further submitted a supplementary charge sheet in 2021 with a further investigation report. But the report stated that the further investigation continued to look into the role of other security personnel and other accused persons. However, no fresh prosecutable evidence has come on record.
Meanwhile, it also reported that SH SK Gaur, under-secretary (AG-I), department of Military Affairs, Military of Defence, government of India on March 24, 2021, intimated that the ministry has denied the prosecution sanction under section 6 of AFSPA in respect of the three AR personnel.
However, the prosecution under section 197 CrPC for prosecution under section 302/323/506 and 201 read with 34 IPC against seven police personnel was received from the Special Secretary (Home), Manipur on October 22, 2019.
The CBI charge sheet stated that Md Azad Khan’s death was not a genuine encounter and in fact, the boy was dragged from the verandah of Md Ashrat Ali, uncle of the deceased, and shot dead at a nearby paddy field.
It stated that arms and ammunition were planted by the alleged security personnel. They further cooked up a false story of an encounter to screen the incident from the officials, it added.
During the hearing before the Session Judge, Imphal West special PP for CBI submitted that denial of prosecution sanction in respect of three AR personnel makes it difficult in proceeding against them and it will amount to a closure report against these three AR personnel. It was submitted that notice may be issued to the informant/victim family for their view.
Counsel for the accused police personnel submitted that it will be injustice if the police personnel are made to face trial, while similarly situated AR personnel are protected by denial of prosecution sanction.
