Imphal, July 04 2009: In a landmark judgment, the Chief Judicial Magistrate, Imphal has issued a non-bailable warrant of arrest against the Assistant Commandant of 2nd Bn IRB following the submission of a charge sheet against five personnel of 17 AR and the AC of 2nd IRB by the Central Bureau of Investigation (CBI), ACB, Shillong in connection with the abduction and subsequent murder of Md Tayeb Ali and destroying relevant evidence.

A statement issued by the Director of Human Rights Law Network (HRLN), Manipur, Dr Meihoubam Rakesh informed that the CBI investigation was started after registering a case (RC-06(S)/2005-SIL) in compliance with the Gauhati High Court, Imphal Bench direction dated 16 May, 2005 passed in Writ Petition (Criminal) NO.5 of 2000 filed by the Families of the Involuntarily Disappeared Association, Manipur (FIDAM).

According to the CBI's charge sheet, a tailor cum salesman at a shop in Thangal Bazar, Md Tayeb Ali left his house at Kairang Mayai Leikai in his Luna Moped (MNP-9382) at around 9am on June 25, 1999 .

Tayeb Ali was seen (by witnesses) being picked by 3-10 army personnel in civil dress in two numberless white colour Maruti Vans near Poumai Colony.

After abducting Tayab Ali, the two Vans were seen proceeding towards Imphal.

The witnesses, driving a Taxi Jeep, followed them till the Vans entered into the Kangla Fort through its northern gate, the headquarters of 17AR.The investigation established that Md Tayeb Ali was illegally picked up by the personnel of 17AR and was taken to Kangla Fort where he was interrogated and killed by the accused personnel, the HRLN statement conveys.

Thereafter, the accused personnel staged a fake encounter in order to facilitate legal cover to shield them and to make the alleged encounter 'as genuine.' They then lodged a false report over the fake encounter to the OC of Kangpokpi police station.

In pursuance of the criminal conspiracy, the then Inspector Abdul Latif did not investigate the case properly and destroyed the evidence which could be helpful in establishing the identity and killing of the deceased, it stated.

The investigating officer, Raja Chatterjee, Inspector of Police, CBI, ACB, Shillong asserted that a prima facie case of abduction, murder and cheating as well as destroying evidence, punishable under Section 120-B read with 201, 364, and 302 of IPC is made out against the accused, Capt PS Banafar (now posted at AQNG, HQ, 10th Arty Div as Lt Col), Capt Ashish (posted not at Army HQ, New Delhi as Lt Col), Hav Babulal Pradhan (posted now at Zakhama, Nagaland), Hav.

Ashok Kumar Singha, (now posted at Zakama) and Rifleman Laxman Singh (now posted at Wokha, Nagaland in 40 AR).

Inspector Abdul Latif (presently AC of 2nd IRB, Kangla) has also been held to have committed the crime under Section 120-B read with 201 IPC with regard to the aforesaid offence, it added.

Having stated the prosecution sanction for Md Abdul Latif has been submitted along with the charge sheet, the CJM, Imphal has taken cognizance against the accuse and also issued a non-bailable warrant of arrest against him on June 8 last month.

Md Abdul Latif is not yet arrested and produced before the CJM, Imphal till date.

The HRLN statement also recalled that the NHRC has already awarded a sum of Rs 3Lakh as interim compensation to Mina Khatun, the wife of the deceased Tayab Ali.