Court rejects closure report, summons AR officer, cops on Nov 25
Alleged fake encounter of 2009 conies back to haunt
Source: The Sangai Express

Imphal, October 29 2025: Chief Judicial Magistrate (Imphal West) Sorokhaibam Sadananda yesterday issued notice to 10 Manipur Police commando personnel, one then-Major, and a Rifleman of 39 Assam Rifles to appear before the Court on November 25 in connection with the alleged fake encounter/extra-judicial killing of Nameirakpam Nobo and Nameirakpam Gobin on the night of 4 April 2009 near Lamphel Exchange Office at Game Village, under Lamphel Police Station.

The notice was issued after the Court rejected the closure report submitted by the CBI, following its reinvestigation of the case by re-registering an FIR from Lamphel police station in compliance with the Supreme Court's directive.

Court rejects closure report, summons AR officer, cops on Nov 25

The CBI had re-regis-tered the case on 24 August 2018, pursuant to the Supreme Court order dated 12 February 2018 .

The Supreme Court had observed that only the cases filed against the victims were renumbered and therefore directed the fresh registration of appropriate FIRs based on the findings of the Justice Hegde Commission report dated 30 March 2013 .

The report concluded that, among several others, the deaths of Nameirakpam Gobin and Nameirakpam Nobo were not the result of an encounter but an operation by security forces in which the two victims were knowingly killed.

The Court, after the receipt of the closure report of the case on November 13, 2019, registered a miscellaneous case on November 16, 2019 and a protest petition was filed on November 17, 2019.The CBI's closure report pertains to the alleged fake encounter/extrajudicial killing of Nameirakpam Gobin and Nameirakpam Nobo by a combined team of Imphal West commandos and troops of 39 Assam Rifles on April 4, 2009.The FIR was lodged by then-Sub-Inspector of Imphal West commandos, Huidrom Sukumar, at Lamphel Police Station.

He had stated that, upon receiving reliable information about the presence of militants at Game Village and Langol areas, a joint team of Imphal West Commandos and 39 Assam Rifles proceeded to the location.

At approximately 9.45 pm, he claimed that the team engaged in a gunfight lasting about seven minutes with 4-5 unidentified militants.

It was alleged that two militants were killed in the exchange of fire while the others fled.

The deceased were later identified as Nameirakpam Nobo and Nameirakpam Gobin.

From near the bodies, one 9mm pistol with 4 live rounds and one grenade with a pin were recovered.

Further, three empty cases of AK ammunition and four empty cases of 9mm were recovered.

The seized items were handed over to the Officer in Charge of Lamphel police station where an FIR was registered, he had also claimed.

However, after the intervention of the Supreme Court as per a petition filed by the Extra Judicial Execution Victim Families Association and Human Rights Alert, and as per the findings of the Justice Hegde Commission report, the case was taken over by the CBI, as a fake encounter case.

Special PP for the CBI stated after a meticulous investigation, a closure report was submitted due to insufficient evidence.

He further submitted that by the time the CBI took over the investigation, nearly nine years had already elapsed, and the probe was conducted as humanly as possible despite the significant delay.

On the other hand, counsel for the victims submitted that the findings of the Justice Hegde Commission had clearly established the guilt of those involved in the encounter.

He further pointed out that several crucial aspects pf the Commission's report were not investigated, including the broadcast of the encounter in the 7.30 pm AIR Radio news on April 4, 2009 (the night of the incident); failure to record statements of key witnesses; no verification of moonlight illumination to counter claims that it was dark; and absence of inquest proceedings by the Executive Magistrate.

Hence, he prayed that the closure report be rejected.

The Court, after hearing submissions of the Special PP for the CBI and counsel of the victims, and upon perusal of the material on record, observed that the CBI's investigation did not uncover any evidence indicating that the two deceased were criminals or active militants.

Deceased Nameirakpam Gobin had no criminal antecedents, while deceased Nameirakpam Nobo was arrested once as a cadre of the KCP in December 2001 by City Police Station, the Court said.

Regarding the FIR in the present case, the Justice Hegde Commission report established that a closure report was submitted in 2002 and accepted by the Additional CJM, Imphal, on May 20, 2003 .

In the absence of any evidence or material to the contrary, the Court observed that both the deceased persons were civilians/victims.

The Court further observed that, according to the CBI investigation, 12 personnel of Imphal West commandos, one then-Major, and one Rifleman of 39 Assam Rifles participated in the alleged fake encounter.

Since there were no eyewitnesses, the CBI relied on the statements of these 12 commando personnel to reconstruct the event.

Their version supported the FIR registered at Lamphel Police Station, claiming that the two deceased were killed in an encounter.

The Court also observed that the recovery of three empty 9mm pistol cartridges from the scene of crime which did not match the 9mm pistols used by the commando team that night strengthened the claim that some accomplices of the deceased had fired shots and fled the scene.

Based on the findings of the then ADC Imphal in a magisterial enquiry report, the CBI concluded that the encounter was genuine and, therefore, submitted the closure report, stating that the circumstances required to establish guilt beyond reasonable doubt could not be proven during the investigation.

The Court observed that the two personnel of 39 Assam Rifles had no authority to be present at the scene, as the area was not declared a disturbed area under AFSPA.

Even if the location fell within a grey area, no prohibitory orders were in force, and they could not invoke immunity under AFSPA as per established law.

Moreover, they had not received any requisition to deploy or use force against anyone.

Therefore, their very presence was illegal, and no prosecution sanction is required against them due to the invalidity of their deployment, the Court said.

The Court rejected the CBI's closure report and took cognizance under Sections 302/34 IPC against the then 12 personnel of Imphal West commandos (including three Sub-Inspectors), the then Major, and the Rifleman of 39 Assam Rifles.

A criminal (P) case was registered, and notices were issued to them to appear before the Court on 25 November for furnishing relevant papers and committal proceedings.