Jhaljit submits counter affidavit against petition filed by Sanjit’s mother
IMPHAL | Sept 12 : Former additional SP, Imphal West, Ak. Jhaljit, filed a counter affidavit yesterday before the High Court of Manipur in response to the petition filed by mother of late Ch. Sanjit, Taratombi, whose son was killed in the infamous BT fake encounter case of 2009.
Recently, Taratombi filed an impleading petition before the HC to allow her as the respondent of the anticipatory bail petition filed by Jhalajit in 2017.
The counter affidavit stated that Taratombi has no legal rights to be heard as the party respondent in connection with the petition. The affidavit further alleged that Taratombi is trying to take over the control of the prosecution side by indirectly entering the array of parties of the present petition by impleading herself as respondent no. 2.
It also mentioned that the application under objection amounts to obstruction to the administration of justice and it is not maintainable.
“It is pertinent to mention that the applicant herein never preferred any appeal against the dismissal of her application by the session trial court, hence the issue has attained the stage of finality as far as her case is concerned. The applicant herein cannot take the undue advantage of the present petition to make up her failure to file appeal against the dismissal of her application by the session trial court,” it added.
The affidavit also stated that even on merit of the case, neither the CBI nor the applicant established that any new evidence or collaborated material particular has been produced after commencement of the session trial for any further investigation.
A great prejudice will be caused to the answering deponent or petitioner since the applicant is trying to take over the prosecution by not following the due process of law contrary to the criminal jurisprudence, it asserted.
The hearing of the case which was listed today before the single bench of Chief Justice Ramalingam Sudhakar, was postponed on September 26 after the junior counsel of Jhaljit prayed for fixing the hearing on another day as the senior counsel of Jhaljit was absent.
Earlier on February 22, 2016, Taratombi filed a petition before the high court seeking a fresh investigation into the case by the CBI as another court in Imphal is holding the trial of the case.
The high court suggested that she should approach the trial court. Subsequently, she withdrew her petition from the high court and approached the session judge, Imphal West on March 5, 2016.
Later, CBI carried further investigation of the alleged BT Road fake encounter case after a complaint was filed by Taratombi before the director of CBI on December 28, 2016 after head constable, Th. Herojit made a confessional statement before media in January last year.
Last year, Jhaljit filed a petition before the high court challenging the February 14, 2017 order passed by the session judge, Imphal West which gave liberty to CBI to proceed with further investigation of the alleged fake encounter case, based on disclosure made by head constable Th. Herojit Singh, that he killed Sanjit with his service pistol. On March 6, the high court stayed the order of the session judge passed on February 14.
In Herojit’s statement, it stated that the commission of extra judicial killing of Sanjit on July 23, 2009 at BT Road Imphal in broad daylight was done after verbal instruction given by Jhalajit. He also alleged that deputy chief minister and former DGP, Y. Joykumar and former chief minister, O. Ibobi also had the knowledge of the alleged fake encounter.
In connection with the case, CBI had already filed charge sheet against nine police personnel which includes inspector, H. Devendra Singh, riflemen, Ng. Toyaima and Md. Imran Khan, constables, W. Binoykumar and Makan Kuchung, head constables, O. Keshori and Th. Herojit, havildar, Th. Jagat and former OC of city police, Y. Munal, and trial of the case is still pending at the session judge, Imphal West.
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