Charge hearing
Source: The Sangai Express
Imphal, October 14 2019:
The Session Judge of Imphal East has fixed November 13 for the charge hearing against three accused in the alleged fake encounter/extra judicial killing of Ningthoujam Khaiba on November 12, 2006.The date was fixed after the case was transferred to the Court of the Session Judge, Imphal East from the Court of the Chief Judicial Magistrate, Imphal East.
Earlier the CJM, Imphal East took cognizance of the charge sheet on June 1 against the accused.
The charge sheet was submitted by CBI/SIT over the alleged fake encounter/extra judicial killing of Ningthoujam Khaiba on November 12, 2006.The accused cops are then Havildar Khundongbam Inaobi s/o Kullo of Yairipok, then Head Constable Thounaojam Herojit s/o Shyamsunder of Lamdeng Awang Leikai and then Constable Longjam Chingkheihunba s/o (L) Yaima of Keishamthong Longjam Leirak.
The charge sheet was submitted by the IO of the case DSP B Ranjan Roy of CBI/ SCB against five accused.
Among the five accused personnel, two of them identified as then Constable Th Lungdim and the Constable Pashel Angson Anal had expired.
The charge sheet was submitted under the directive of the Supreme Court of India.
CBI/SIT started the investigation on the basis of a complaint filed by the accused before Lamlai police station.
The submitted charge sheet said that that the incident happened when the victim tried to snatch the service weapon of Th Herojit when they were detained by a commando team.
The charge sheet said that on the other hand and quoting family members (who were present at the time of the incident) that the cops forced them to board a Maruti van and kept them blindfolded for around 30 minutes.
Post mortem report suggested that the distance range of bullet fired is close range and from multiple directions.
The charge sheet further mentioned that the theory of the accused commando that the deceased had tried to snatch their service weapons and hence shot him dead comes under the excessive use of force specially when five trained commando personnel had opportunity to overpower him.
It further mentioned that the charge sheeted commando personnel also created a false story.
It may be mentioned that the CJM recently allowed the prayer of the CBI to seize a 9 mm pistol along with magazine involved in the alleged fake encounter of N Khaiba.
Thge pistol was issued to then Head Constable Th Herojit and it was in the custody of City police in connection with the ongoing trial of July 23, 2009 BT road firing incident.
It may also be mentioned that Ningthoujam Khaiba @ Binoy of Kairenphabi was reportedly gunned down by Imphal West commando on November 12, 2006 a few hours after he was released from Sajiwa Central jail.
At that time, the family members of N Khaiba had alleged that a team of commando personnel stopped N Khaiba along with his father, brother and an Advocate near NG Mani college while theu on their way to home after Khaiba released from prison and shot him dead.
Ningthoujam Khaiba was released that day after he was detained under the National Security Act.