Source: The Sangai Express
Guwahati, August 28:
The Gauhati High Court today ordered the examinations of the Assam Rifles witnesses by the C Upendra Commission probing the death of Th Manorama Devi in Manipur, shall be held in camera with limited access to the concerned parties and their respective lawyers before the Commission.
Admitting two petitions filed by the five Assam Rifles and posting it for further hearing on September 28 next, Justice PG Agarwal declined to restrain the Commission from proceeding with the probe and decided the hearings shall be held in the Central Jail premises for which the Manipur Government could make arrangements.
The High Court further directed that only the mother and brother of Manorama Devi and their lawyers and also lawyers of Assam Rifles and the Manipur Government could be present before the Commission.
In the case of organizations such as Bamonkampu Women Welfare Organization, All Bamonkampu Development Association and Pureiromba Youth Club, the Court made it clear that if these bodies had filed any affidavit or held any evidences before the Commission their lawyers may also be allowed to participate in the in-camera proceeding of the Assam Rifle personnel.
The concerned parties have been permitted by the court to also cross examine the witnesses present on behalf of the Assam Rifles men.
The High Court further directed the statements recorded of the Assam Rifles men by the Inquiry Commission and its report shall not be published without prior leave of the Court.
The Court also made it clear the directions issued today regarding shifting of the venue are only in respect of examination of the Assam Rifles personnel and so far as any other proceedings of the Commission the same can be held in any venue as may be decided by the Commission.
With today's order the uncertainty about the functioning of the Commission has been cleared as it was permitted to go ahead with the proceedings and also to prepare the report.
Earlier AK Phookan, M Choudhury, Ms M Jha and S Nath on behalf of the Assam Rifles argued that the Manipur Government had no power to appoint the Commission of Inquiry and called for staying the Commission's further proceedings.
On the other hand appearing for the Manipur Government, lawyers DK Mishra, Hrishikesh Roy, Th Ibohal Singh, K Goswami and S Jahan argued the Government had ample authority to appoint a fact finding commission in view of the provisions of the Constitution and the various decisions of the Supreme Court.