Source: The Sangai Express
Imphal, September 25:
In a significant development, Chief Judicial Magistrate, Imphal has rejected the application of the Army Court of Inquiry to direct the State police for producing the DNA profile of the semen stain found on the undergarments of Thangjam Manorama Devi.
Pronouncing the verdict during a hearing this afternoon, CJM M Padmeshwor Singh said he has no inherent power as �a magistrate is to exercise only those powers conferred upon him�.
The Army Court wanted to compare the DNA profile of the semen stains found on the undergarments of Manorama with the profile of the blood samples of the AR personnel.
Since the State Government refused to produce the DNA profile and other related materials before the Army Court, the later filed an application at the Court of CJM.
Central Forensic Science Laboratory (CFSL), Kolkata, in its examination report had detected semen stains from the petticoat of Manorama.
Consequently, blood samples were taken from 32 personnel of Assam Rifles including two officers and the same were sent to the same laboratory for DNA testing.
During the hearing today, Colonel Th Prasad, deputy judge advocate, who appeared on behalf of the Army Court submitted that CJM has the power to entertain the application under section 475 Cr PC and section 135 of the Army Act.
However, State Public Prosecutor P Ibomcha Singh countered and contended that a Magistrate has no power to give directive to an investigating agency while the probe is still undergoing.
�It is an accepted law that a magistrate cannot give direction to the State police during investigation�, he argued.
Furthermore, the State Government, in a written objection letter put forward before the CJM, observed that their is no cause to effect the State Government to accord permission of CFSL, Kolkata to compare the DNA profile of blood samples of AR whose blood samples are said to have been obtained without the knowledge of the State agencies including the Investigation Officer (IO) of the case.