Charge hearing against accused cops on Aug 21
Source: The Sangai Express
Imphal, July 29 2019:
Session Judge, Imphal East, has allowed the application filed by CBI for filing prosecution sanctions against 6 cops, apart from fixing August 21 for the charge hearing of the said cops against whom the CBI-SIT had submitted charge sheets in connection with the alleged fake encounter/ extra judicial killing of one Md Zamir Khan on the intervening night of January 20 and 21, 2012, at Kyamgei Shantipur Loukon.
The application of CBI/SIT for prosecution sanction against the police personnel, namely P Tarunkumar, Yengkhom Kesharjit, Elangbam Abung, Chabungbam Sanachaoba, Khulak Joshep Maring and Md Islauddin, was accorded by Special Secretary (Home), Manipur, along with a list of witnesses.
The CBI application mentioned that as per the direction of the Supreme Court of India to lodge necessary FIR and to complete the investigations in connection with the death of Zamir Khan in an alleged encounter with Imphal West commandos, a Special Investigation Team ( SIT) was constituted by CBI on July 27, 2017, by an order of the Administrative Division of DSPE, CBI, New Delhi.
After the completion of the investigation, charge sheet was submitted before the Court of the Chief Judicial Magistrate, Imphal East, in August last year.
CJM Imphal East took cognizance of the offences by observing that no prosecution sanction is required against the accused personnel and as such, a case was committed before the Session Court for the trial (since the case was triable by Session Court) and the Session Court, Imphal East, took cognizance of the offence against the accused police personnel.
However the police personnel filed applications for discharging them for want of prosecution sanction and the applications were registered as cril misc cases.
Those cases filed by the police personnel were dismissed by the Court by observing that prosecution sanction against all the accused police personnel, except Md Islauddin, are not required and accordingly, the present application was filed by the CBI before the Court.
During the hearing, the Court heard the submission of Special PP, CBI, and the defense counsels of accused police personnel.
The Special PP submitted that while filing the charge sheet and praying for taking cognizance of offence, it was mentioned in the charge sheet that prosecution sanction is awaited and shall be submitted before the Court as and when received from the competent authority.
Now, the State Government, on March 16 this year, through the Special Secretary (Home) granted prosecution sanction against the accused personnel for the trial but refrained from doing so for one of the accused Potsangbam Maniratan (then SI of commando, Imphal West) had been dismissed from service on June 13, 2012.The Court, after going through all the materials on record, allowed the CBI to file prosecution sanction against 6 police personnel as well as to mention Special Secretary, Home, as additional witness.
The Court then fixed August 21 for the charge hearing against the 6 cops.
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