Imphal, July 04 2009: Acting on the charge sheet filed by the Central Bureau of Investigation (CBI/ACB, Shillong) the Chief Judicial Magistrate, Imphal has issued a non-bailable warrant of arrest against the Assistant Commandant of 2nd Battalion, India Reserve Battalion in connection with the abduction and subsequent murder of Md Tayeb Ali.

According to Human Rights Law Network, which a division of socio-legal information centre based here, the CBI, ACB (Shillong) had on June 5 submitted a charge sheet against five personnel of 17 Assam Rifles and the 2nd IRB Assistant Commandant related to the case of Tayeb Ali's murder as well as on the charge of destroying relevant evidence. While informing that it is for the first time in Manipur wherein the CBI submitted charge-sheet against armed forces of the Union after direction issued by the Gauhati High Court, Imphal Bench, the HRLN in a statement identified the IRB officer as Md Abdul Latif s/o (L) Md Sahabuddin of Deulahland, the then Officer-in-charge of Kangpokpi police station.

Abdul Latif is informed to be at present the (Kangla) IRB unit's Assistant Commandant.

The 17 AR personnel listed as accused persons in the said case are PS Banafar of Napier Town in Jabalpur (Madhya Pradesh), the then Captain of the AR unit earlier headquartered at Kangla but presently posted as Lt.Col.AQNG, HQ, 10th Arty Division; Ashish of Fozal in Kullu district of Himachal Pradesh, presently posted as Lt Col at Army Headquarters, New Delhi; the then Havaldar Babulal Pradhan of Pangei village in Imphal East district and presently posted in the same rank at Zakhama (Nagaland); the then Hav.

Ashok Kumar singha of Lalbazar in Hailakandi (assam) presently posted at Zakhama in the same rank; and the then Rifleman laxman Singh of Patal village under Pitharaugarh district in Uttaranchal and presently Rifleman in 40 Assam Rifles at Wokha district of Nagaland.

Recounting events leading to the significant ruling of the court, the HRLN said CBI started its investigation after registering a case in compliance with the May 16, 2005 directive of the gauhati High Court, Imphal Bench based on a complaint filed by the NGO Families of the Involuntarily Disappeared Association, Manipur (FIDAM).

The CBI is said to have established that on July 25, 1999 at about 9 am Md Tayeb Ali left his Kairang Mamang Leikai residence on a Luna moped (MNP/9382) telling his wife that he was going to his employer Mohon Lal Jain, who runs a tailoring cum garment shop at Thangal bazar.

On his way to work, some villagers (witnesses) reported seeing Tayeb Ali being waylaid at near Paomai Colony area by about 3-10 civil dress armed personnel with two white colour Maruti vans (without number plates) parked on the left side of the road.

Having noted accounts of the eyewitnesses that the captors appeared to be from the Army, the CBI charge-sheet also mentioned comments of the witnesses who reportedly trailed on a Taxi Jeep the two Maruti vans with Tayeb Ali inside entering into the Kangla Fort (17 AR Hqs) through the northern gate.

Further the CBI probe established that Md Tayeb Ali was illegally picked up by the 17 AR personnel, taken to Kangla fort, interrogated and killed by the accused persons before coming out with a false and fabricated records to give legal cover to their illegal acts, narrated the HRLN statement while adding that the perpetrators lodged a false report about the fake encounter to the Officer-incharge of Kangpokpi police station.

even though the OC registered a case the then Inspector Abdul Latif did not investigate the case properly and in fact destroyed the evidence which could have been helpful in establishing identity as well as killing of the deceased (Tayeb Ali), the HRLN maintained referring to the CBI findings.

Significantly, the OC (Abdul Latif) filed a Final Report by manipulating facts in the case FIR 51(7)99 KPI P.S.which was accepted by the court even though the OC's report failed to support the case with relevant evidence, the HRLN noted while adding that the CBI sleuths also pointed out Md Tayeb Ali sustaining three bullet injuries which was fired from a distance of 3-5 feet.

While identifying the CBI unit's Investigating Officer as one Raja Chatterjee (Inspector of Police), the HRLN said that in addition to the IO asserting that a prima facie case of abduction, murder and cheating as well as destroying evidence were framed against Captain PS Banafar, captain Ashish Babulal Pradhan, Hav Ashok Kumar Singha and Rifleman Laxman Singh, the CBI official concluded that Inspector Abdul Latif also committed offence with regard to the mentioned blunders.

It is also stated that the prosecution sanction in respect of the five AR personnel are yet to be received from the competent authority whereas sanction for prosecution of Md Abdul Latif had been submitted along with the charge sheet, highlighted the HRLN statement issued today by its Director Meihoubam Rakesh.

Consequent upon the CBI probe, the Chief Judicial Magistrate, Imphal on June 8 issued a non-bailable warrant of arrest against the accused Md Abdul Latif making its returnable within June 26, 2009 which is yet to materialise.

In respect of the other accused persons, the Magistrate opined that he could not take up cognizance against them for lack of prosecution sanction and he (Magistrate) is compelled to take up the matter only when the prosecution sanction are submitted, HRLN added.

It is pertinent to add that the National Human Rights Commission had already awarded a sum of Rs 3 lakh as interim compensation to Mrs Mina Khatun, wife of the deceased Tayeb Ali.