Hearing on fake encounter case Pushpanjali, others quizzed
Source: The Sangai Express / Ninglun Hanghal
New Delhi, March 16 2013 :
Witnesses Pushpanjali Devi, Hollal Haokip, L Birbabu and PG Singsit, who deposed before the Supreme Court instituted Commission to probe alleged fake encounter cases, were cross-examined by advocate Mukul Sinha, counsel of the complainant.
In connection with the of death of Nobo and Gobin on April 4,2009, Pushpanjali stated that as the SDPO in the relevant time her movement would not be recorded in the General Diary of the Police Station.
Prepared by the OC of the Police Station, she cannot comment on the Diary entry.
She stated that SI Md Umar along with police party returned to the Police Station from Langol Games Village after spot enquiry and deposited two unidentified bodies in RIMS morgue for relevant procedure.
Pushpanjali denied the suggestion that the inquest conducted by her was not on the bodies of Nobo and Gobin but some other bodies.
In the case pertaining to death of A Priyobarta, witness Pushpanjali stated that the affidavit was not registered in her presence since she was the SDPO at that time.
The inquest report was prepared by a junior officer.
The items mentioned in the affidavit,wrapped but not sealed, were seized by the complainant and produced before her at Lamphel PS.
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Pushpanjali admitted she did draw the sketch of the scene of occurrence, but did not indicate where pistol or cartridge were lying.
She stated that she had verbally stated in the affidavit that Akoijam Boby identified the body at about 3.30 pm as that of Priyobarta.
After she found the FSL report on March 16, 2009, she did not go to the house of the deceased.
Since nobody was willing to identify the body, she could not immediately sent for post mortem, maintained the lady IPS officer while stating that she did not know whether the body was kept outside for three days before keeping inside the cold storage.
Pushpanjali recollected that the body was found at Sangai 2nd Home, near some government quarters, an isolated area at about 9.30 pm.
She said that the constable could not immediately get anyone willing to sign the Panchanama and she didn't have any evidence other than those stated in the affidavit that the deceased was a suspected member of UG ( KCP) as recorded by SP-CID ( SB).
She did record the parents' statement but details were not remembered.
The police officer also conceded that she could not come to any conclusion over the multiple contusion on the face of the deceased as was reported in the post mortem, even though she tried to investigate but confided she did inquire with the parents and the personnel in the operation without getting any response.
In connection with the case of the death of Chongtham Umakanta, witness Jamedar Hollal Haokip who deposed today before the commission said he was suspended for about seven months before being transferred from Cdo to 8th MR in Pallel in November 2012 .
Haokip stated that the suspension order was from his senior officer, while admitting that he was required to facilitate an departmental inquiry on the death of one L Satish in May 2009.Haokip also stated that he no longer remember any other involvement in encounter besides this (death of Satish) and death of C Umakanta.
While admitting that an affidavit was filed by the State Government on December 12, 2012 together with a seizure memo prepared by him, Haokip stated that he did not know how the affidavit was filed.
Right after an encounter on May 5, 2009, Haokip stated before the Commission, he prepared the seizure memo at about 4.15 am, found 9mm pistol, three empty cartridges, three live rounds near the body lying on the ground.
Stating that he prepared the seizure list since the Jurisdictional police could not be reached/contacted at that moment, Hollal said he wrapped the recoveries in his handkerchief, left the body with Major Kaushalendra Singh, and went to the Police station to hand over the same to the Officer in Charge.
Sketching body, map and location is not his duty, he stated while admitting that at 6.40 am, the seized items were handed over to the Lamlai police station Officer in Charge, and that a junior officer was deputed to collect the body.
He stated that Major Kaushalendra of the 23rd AR had instructed him to go with him for the joint operation.
The Jamedar also admitted in the affidavit that an information received on May 5, 2009 at about 3 am from 23rd AR that some UG ( KYKL) elements were taking shelter between Senjang and Sailen village, was correct.
he claimed to be at Kakching post when he was informed/instructed.
Then the team of Cdos, along with a column 23 AR rushed to Yaingangpokpi that took about 40 minutes to reach the spot.
The witness stated he has nothing to say regarding the affidavit which stated that post mortem report recorded death of Umakanta was between 10 pm � 4.10 am of May 4 and May 5 .
Haokip denied that he and his team picked up Umakanta from his home on May 4, 2009 at 11.30 pm and took the captive to the spot, shot and killed him around 2am on May 5, 2009.He stated before the commission that during his tenure with the Cdos he had killed about 4-5 in encounter.
L Birbabu , Investigating Officer between May to October 2009 in connection with the death of Umakanta stated that there are four police stations under his jurisdiction as the SDPO and that there are about 600 cases pertaining to UAP Act and that due to workload he could not send the materials seized for FSL examination.
The original wrapped item according to the IO was handed over to him by the complainant at Lamlai police Station.
He then labelled it and handed it over to the OC of the PS.
Birbabu admitted that the statement of family members of the deceased were recorded.
He also stated that the deceased already had 2 FIRs registered against him at Lamphel PS He also stated that he is not aware of the status of the case, but came to know from the mother of the deceased that he was bailed out in the two cases.
The SDPO maintained that ASI Md Kheiruddin was authorized to undertake the inquest.
Saying that in Manipur an ASI is empowered to do so, he denied that the marking in the materials were done by him, but by an officer who forwarded the materials to the FSL.
He maintained that he cannot comment on the injury on the body of the deceased.
Another witness, PG Singsit, who was at the relevant time the Investigation Officer, deposed before the Commision was asked to provide relevant documents in connection with the death of Umakanta.
Singsit said he sent the seized articles from the site for FSL examination in November 2012 and that he received the FSL report of March 2, 2013 on March 5, 2013 .
The Inquiry Commission will continue its sitting next week from March 19 till 21, where arguments from Union and State governments would be heard.