Alleged fake encounter cases ; CBI moves Court to claim 'seized' arms
Source: The Sangai Express
Imphal, August 28 2018:
Chief Judicial Magistrate Imphal West allowed the application prayer of CBI/SIT for seizure of arms and ammunition which were seized by Lamshang PS in connection with the alleged encounter of one RK Laksana alias Victo on February 15, 1999, at Mayang Langjing to Phumlou approach road.
The application was filed by Prevender Kumar, Inspector, CBI/ AC III (now attached with SIT Manipur) praying for taking custody of the weapons seized in the alleged encounter which reportedly took place between suspected armed militants and Imphal West commando personnel.
The 10 submitted that as per the direction of the Supreme Court to look into the alleged fake encounter or use of excessive or retaliatory forces, the case was registered by CBI/SIT wherein the 10 of Lamshang PS was said to have seized two 9mm pistols (with a magazine each), two AK 47 rifles with magazines, one SLR with magazine and one SMC Carbine with magazine.
The IO further submitted that the seized weapons were released on Zima (by paying money) by the Court to Inspector L Deben Singh of Reserve Line Imphal West and added that for the investigation of the case the examination of the said weapons is highly required.
As such the IO prayed for passing necessary order to allow the petitioner/ IO of the case to seize the mentioned weapons for the purpose of investigation.
After hearing the IO of CBI/SIT, the Court expressed satisfaction with the prayer and ordered the petitioner/ IO to seize the mentioned arms and ammunition of the case from Zimadar Inspector L Deben or any other concerned who have the custody of the said weapons.
The Court also directed copies of the order to be furnished to SP Imphal West and Zimadar Inspector L Deben.
After re-registering the case for investigation by CBI /SIT, the 10 of the case had filed an application before the same Court on February 8 this year for reviving the FIR of Lamshang PS in connection with the case for which the said police station had submitted a final report before the Court on June 25, 2002 and the then Chief Judicial Magistrate Imphal had accepted the "report on June 10, 2003 After hearing and going through the application filed by the CBI/SIT IO, the prayer was allowed by CJM Imphal West on the same day and thus an order was passed to revive the FIR.
As a follow up of their investigation, CBI/ SIT (through the IO of the case) filed another application on August 14 this year praying for passing necessary order to allow the seizure of documents which were already seized in the FIR.
The application also stated that as per the direction of the Supreme Court oflndia (February 12, 2018) an FIR case was registered by CBI/ SIT against then Sub Inspector Pebam John and other police personnel involved in the alleged encounter with deceased RK Laksana and all the related case material in connection with the incident are required for the proper investigation of the case.
The prayer was allowed by the Court after hearing the application on that day itself (August 14).It may be mentioned that on June 10, 2003, the final report of the case was submitted by the IO of Lamshang PS which stated that the said report has been submitted before the Court as it is very difficult to arrest the armed persons involved in the alleged encounter case and unless the accused persons are arrested, the charge sheet in connection with the case cannot be submitted.
After Lamshang police submitted the final report, the then CJM Imphal, considering the circumstances, accepted the report.
It may also be mentioned that the alleged encounter took place on February 15, 1999, along the road leading towards Phumlou from Mayang Langjing, under Lamshang PS, between suspected underground militants and Imphal West commando personnel.
However, family members of the deceased RK Laksana alias Victo of Haobam Marak Ngangom Leikai, at that time, had alleged the Laksana was killed in a fake encounter after he was pulled up by commando personnel of Imphal West.