JAC members throng Cheirap Court premises against Landhoni’s bail
Session judge rejects bail application
IMPHAL | Oct 6
The Imphal West sessions court judge Rk Memcha has rejected the bail application of Standard Robarth English school principal Phiroijam Landhoni today. The sessions court was directed by the High Court to finalise the bail hearing by October 9.
Advocate Gunadhor appearing on behalf of Landhoni argued that the police is conducting a ‘fishing and roving’ investigation and have not been able to substantiate any charges against his client.
He argued that his client has been detained unnecessarily for nearly sixty days and amounts to miscarriage of justice and the case can either have a logical end of being suicide or murder, and the two sections cannot go together also. The judge also observed the same that the two sections of 305 and 302 cannot exist together, but relevant sections can be removed or added later during the stage of investigation.
Further Gunadhor argued that there are no ingredients of 302 (murder) and the fact that Babysana brought the rope from her home can be taken as a motive for suicide also. He maintained that the accused Landhoni is an elderly person and her daughter too is in jail, that they have been implicated in this case without any proper reason, except for the fact that they operated a bogus school. That can neither amount to abetment of the crime to murder nor the police have not been able to substantiate the charges till date, he added.
“Criminal law depends on the facts of the case, the right of liberty given under Article 21 has been curtailed, the independence of the judiciary is the reflection of the society, there cannot be any interference in the judiciary and we have a collective responsibility,” Gunadhor argued, adding if the judiciary is not safeguarding the interest of the citizens, then who will be there to dispense justice.
Gunadhor continued the police in the bail rejection petition states that the reason for not giving them bail is that the school authorities may try to manipulate the investigation as they are people with authority. He argued that the police has already finalised the investigation part in regard to the scene of the crime at the school and inquest formalities including forensic testing has been done and there is no provision of manipulation.
For seeking bail, Gunadhor maintained that the gravity of the offense has to be commensurate with the ingredients of the FIR. “This is a fishing and roving inquiry, where is my civil rights, can the client wait in jail when the charges have not been substantiated for nearly eighty days, isn’t that an abuse of law and curtailing my personal liberty’ he said.
A verbal counter came from the advocate Abung in this matter and he submitted documents to the judge saying that there is proof that Babysana was sexually abused and murdered. He argued that the matter must be differed, at this the Judge chastised the lawyer assisting the public prosecutor that he may submit written counters only, but there were still some verbal complaints from the lawyer that the blood found at the spot was not Babysana’s blood too.
The judge stuck the microphone three times with her pen and chided the lawyer saying that the reports of the case dairy of the investigation can only be read by the prosecution and the Court. “How can you disclose these matters in front of the court, you cannot disclose it” judge Memcha said.
Meanwhile advocate Gunadhor also argued that the matter is sensitive and the legal process of the court has not been observed and as such may set a bad precedence. It was pointed out that criminal procedure do not allow the advocate assisting the prosecutor to make verbal submissions and conflict of interest may crop up.
The Court room was shouted upon from outside the court by women that Landhoni should not be given bail sporadically. The public prosecutor in his argument stressed that there is prima facie evidence that it takes time to collect reports and evidence for the alleged charges and prayed that the bail be rejected. The judge Rk Memcha Devi passed order at 3.30 pm today and rejected the bail application.
IMPHAL | Oct 20 Convener of steering committee of the NSCN (IM), Hutovi Chishi has in a release alleged the government of India is backtracking from the ‘Framework Agreement’ in complicit with some few Nagas who are ‘dancing to the tune’ of the Indian .....
By Babie Shirin IMPHAL | Oct 20 In an order considered truly significant for a state like Manipur, Civil Judge, Senior Division, Imphal East has directed a woman to pay Rs 70 lakh as compensation to the legal wife of a man with whom the former has b.....
IMPHAL | Oct 20 The 6th state level aquarium exhibition cum flower show which commenced on October 11 concluded today at Manipur Science Aquarium, DM college campus. As many as around 25 indigenous species and 50 exotic species of ornamental fishes .....
IMPHAL | Oct 20 “Meitheis are the descendants of the surrounding Chingshang Hao Naga tribes. Naturally, Meitheis are Nagas by blood,” said founder of Haomi Research Guild, Samuel Awungshi Shingtara. Speaking to the media today at Manipur Press Club,.....
IMPHAL | Oct 20 Demanding that the service extension of engineer-in-chief, G. Robindro Sharma must be withdrawn, protestors marched a rally at Maphou dam area today carrying a banner which read ‘BJP government does not honour High court’s order in Mani.....