Dimapur killing: HC dismisses writ petition against Lt Gen Dalbir
Source: Hueiyen News Service
Imphal, May 05 2014:
The writ petition filed in Manipur High Court listing Vice-Chief of Army Lt Gen Dalbir Singh Suhag as one of the key respondents in an alleged fake encounter case has been dismissed by the Court today.
According to the petition, three persons from Manipur were killed after being apprehended by personnel of the Army's Rangapahar-based 3rd Corps' intelligence and surveillance unit in March 2010.Lt Gen Suhag was the then GOC of 3rd Corps.
The brother of one of the victims, Phijam Manikumar, filed the petition with help of Human Rights Law Network (HRLN) before the Manipur High Court.
The petitioner sought necessary action from the court against Lt Gen Suhag and the then commanding officer of the corps' intelligence and surveillance unit Colonel Govindan Shreekumar.
Victims Phijam Naobi (45) of Thangmeiband, RK Ronel (35) of Sagolband and Th Prem alias Romen of Langol Laimanai were abducted on March 10, 2010, from Char Mile area of Dimapur.
The incident unfolded after a Major of the same unit wrote a letter to the Army's Eastern Command.
The hearing of the petition was held today before a division bench of Manipur High Court comprising Acting Chief Justice Laxmikanta Mohapatra and Justice N Kotishwar.
The counsel of the petitioner withdrew the petition on learning that the Manipur High Court does not have its jurisdiction in Dimapur, where the alleged fake encounter took place.
Subsequently, the High Court dismissed the petition after its withdrawal by the petitioner.
However, the Acting Chief Justice gave the liberty to the petitioner to pursue the case and file another writ petition at the place of occurrence at Dimapur in Nagaland.
Now, a fresh petition is likely to be filed either directly at Gauhati High Court or its bench in Kohima.
It may be mentioned that the bullet-riddled bodies of the three persons were found at Lakhijan area under Bokajan police station of Assam's Karbi Anglong district on March 17, 2010 .
Major T Ravi Kiran, second-in-command of the intelligence unit of the corps, reportedly wrote a letter on March 12, 2010, to the GOC-in-C eastern command and to the Army chief complaining that the three men were abducted and brought to their unit on March 10, 2010, and were later tortured and shot dead in the night behind the unit's mess.
Media reports quoting the letter said Colonel Govindan was behind the killings and was assisted by one Major Rubeena Kaur Kher and Major Nector Baum of the same "rogue intelligence unit", the petition added.
It was categorically mentioned in the police FIR that the abduction was carried out by military personnel.
Dimapur police requested the 3rd Corps to cooperate in the investigation as fingers were being pointed at the intelligence unit of Corps, which had indulged in similar acts on earlier occasions.
However, the GOC 3rd Corps, flatly refused to cooperate with the police investigation citing protection under the Armed Forces Special Powers Act (AFSPA) 1958 .
The petition said that the findings of the "illegal one man probe" conducted by the Brigadier General Staff of the corps remained inconclusive and was eyewash to protect the guilty.
"The fact remains that three persons were abducted, tortured and killed and that the killings occurred on the premises of the concerned Intelligence Unit of the 3rd Corps, as is corroborated by the letter of Major T Ravi Kiran," the petition added.