Court returns
Source: The Sangai Express

Imphal, January 15 2020: Chief judicial Magistrate (CJM) Thoubal has returned the final report/closure report submitted by CBI/SIT, directing the agency to conduct further investigation and submit a proper report before the Court, in connection with the death of one Ningthoujam Thopchao on February 1, 2007, during a firing incident between 172 Battalion BSF (posted at then Nongpok Sekmai Primary Health Centre) and some unknown individuals.

The order was passed on December 30 last year after a protest petition was filed by the family members against the final report/closure report of the CBI/ SIT.

On January 25 last year, CBI/ SIT registered a case under different sections of the IPC in connection with death of Ningthoujam Thopchao and the final report/closure report was filed before CJM Thoubal on March 13 last year.

In the meantime, a protest petition was filed by the family members of the deceased praying for rejecting the closure report, to direct the IO to conduct further investigation, to take cognizance of the offence levelled against the accused persons.

The Court observed that there are eye witnesses who have stated that BSF personnel fired at them from their camp stationed at Nongpok Sekmai PHC, causing injury to the victim Ningthoujam Thopchao (who was with them and later succumbed to his injuries) and one of the witnesses even identified the position of the said BSF personnel.

The Court also observed that it was dark when the incident occurred and even if the eye witnesses were not able to identify the BSF personnel, it is the duty of the investigating agency to conduct the required investigation by examining the BSF personnel posted and present at the camp at that time, but it has not been done.

It observed that some BSF personnel were examined but no efforts were made to find the personnel who was at the position identified by the eye witnesses.

As such, the Court ruled that the investigation has not been done properly and rejected the closure report of the CBI.

The Court then directed the IO of the case to conduct further investigation and submit a proper report at the earliest.

Comment