July 23, 2009 BT Road incident, Herojit appears before Court
Court fixes March 29 for next hearing
Source: The Sangai Express
Imphal, March 21 2016:
A two-hour long discussion was held at the Session Court, Imphal West today in connection with the confessional statement/ affidavit submitted by suspended Head Constable Thounaojam Herojit before the Court on February 24 and the writ petition filed by Chungkham Taratombi, praying for re-investigation regarding the BT Road incident of July 23, 2009 in which her son Chungkham Sanjit was killed by police personnel in broad daylight.
During today's proceeding which was held in an open Court at around 10.45 am, counsel of Th Herojit prayed before the Court to direct the CBI, Imphal branch to carry out further investigation of the July 23, 2009 BT Road incident.
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He also submitted before the Court that the affidavit submitted by Th Herojit cannot be taken lightly as it is clear that the July 23, 2009 incident was a fake encounter and the confession made by the accused in the Court is the first of its kind in any fake encounter case in the State.
The counsel also sought the Court to pass necessary order in this case.
The CBI counsel submitted before the Court under what provisions of the law the CBI should take up the re-investigation of the case which is still going on.
He also submitted that CBI can't take up further investigation without the Court order as it will be prejudicial as the trial is still on.
It is also not clear whether Herojit's plea is true or false and whether he had come up with the confession under the influence of someone's interest, said the counsel.
His statement can be recorded under Section 306/307 and 307 IPC and which can be used as a prosecution witness, submitted the counsel.
He further submitted that in the affidavit submitted by Th Herojit not a single point is mentioned to carry out re-investigation or further investigation of the case and added that the affidavit is just a disclosure of some points of the incident.
He however did not plead guilty in the affidavit.
Herojit's affidavit needs to be checked and proven first before it can be used as an evidence in the ongoing trial case of July 23, 2009 BT Road case, added the counsel.
Herojit can plead guilty regarding the case before the Court as he is one among the nine accused listed in the case, said the counsel and added that if he wants to give his statement before the Court then he can disclose whatever he wants before the Court regarding the circumstances leading him to shoot Chungkham Sanjit on July 23, 2009 .
After hearing both sides, Session Court, Imphal West fixed March 29 for the next hearing.
A large number of police personnel including women police personnel were deployed at Cheirap Court complex from early morning today.
Members of various civil society organizations and Apunba Lup gathered at Cheirap Court complex.