July 23, 2009 BT road incident Court turns down pleas of Taratombi, Herojit
Source: The Sangai Express

Imphal, March 30 2016: Sessions Court Imphal West today disposed the applications of Chungkham Sanjit's mother Taratombi and suspended cop Th Herojit regarding the July 23, 2009 BT road incident.

It may be mentioned that Taratombi pleaded the Court to order CBI to conduct a fresh investigation into the infamous incident in the light of Head Constable Th Herojit's confession to the media of killing Chungkham Sanjit in a 'fake' encounter.

On the other hand, Herojit's application requested the Court to allow him to make full disclosure of the circumstances leading to Sanjit's death before the Court.

Orders of these two applications were kept reserved yesterday after a marathon argument among the counsels of Taratombi, Herojit and CBI.

Regarding Herojit's application, the judgment mentioned that under CrPC, recording of confessional statement can be done during investigation only and it cannot be done after the commencement of trial of the case.

As a result of the foregoing observation, the Court is not in a position to allow Th Herojit to make any disclosure at the present stage of the trial, the judgment said and added that the accused has to wait till his examination under Section 313 CrPC begins.

As such, the Court dismissed and disposed Herojit's application.

Regarding Taratombi's plea, the Court judgment said that the application submitted by suspended cop Herojit pleading the Court to allow him to make full and true disclosure regarding the death of Chungkham Sanjit has been turned down.

As such, neither the contents of the affidavit sworn before the Oath Commissioner, Manipur nor the confessional statement made before the media by Herojit regarding killing of Chungkham Sanjit on July 23, 2009 on BT road can be taken into consideration by the Court at the present stage of the trial of the case.

The Court order further mentioned that the Magistrate or a trial Court, after the commencement of trial, has no jurisdiction or power to direct for further investigation or suo moto at the behest of the informant or victim or any aggrieved persons to the investigating agency.

The Court has examined all the evidences provided by 75 witnesses so far, the judgment said.

However, none of the witnesses have disclosed anything which may have connection with the disclosure made by Th Herojit.

As such, the Court is not in a position to exercise the power envisaged under Section 319 of CrPC at the present stage, the order said.

Thus, Taratombi's application which urged the Court to direct CBI for further investigation under Section 173 (8) CrPC was disposed.

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