Imphal, March 17 2009: Pointing out that the enquiry Committee headed by the a Commissioner of Manipur Government in the abduction and killing cases of Dr Kishan and two of his staff has no legal sanctity, RTI activist, L Ibomcha, who was also a former Secretary (Law) and Ex-MLA said that the report of the inquiry Committee has nothing to do with the criminal investigation.

As a notification under Section 5 of the Delhi Special Police Establishment Act, 1946 (DSPE Act), which is mandatory for handing over a case to CBI, has not yet been issued by the Ministry of Home Affairs, New Delhi, for entrusting to investigate the killing of Dr Thingnam Kishan and two of his staff, the FIR cases registered at various Police Stations are still lying in the respective Police Stations unattended on the pretext that the investigation of the FIR cases are being handed over to the CBI, New Delhi, according to an RTI activist and ex MLA, L Ibomcha, who is also a forme Secretary (Law).

A statement issued by the activist said that the DGP, Manipur has not been yet submitting the records along with self contained note of the case for handing over to CBI even the State Government has directed the DGP to furnish the details of the cases along with the self-contained note.

L Ibomcha also pointed out that another gamut of false show carried out by the State Government is the constitution of a committee consisting of two officers namely O Nabakishore Singh, IAS as Chairman and LM Khaute, IPS as member to investigate the case relating to the abduction and killing of Dr Kishan and two of his staff.

While wondering whether a committee constituted by an executive order investigates criminal cases by overriding the mandatory and statutory provisions of the CrPC, 1973, the statement asked what type of investigation is to be carried by the committee.

Citing that the nearest Magistrate is empowered to enquire into the cause of death of a person while in the police custody or the nature of death as referred to in clause (I) or (II) of Ss (3) of Section 174 CrPC under Section 176 of CrPC, 1973, the statement said that investigation of all other cases is to be carried out by the Police Officers as empowered under Section 156 and 157 of CrPC.

It alleged that the investigation conducted by the said committee is a conspiracy to destroy and erase the available substantive evidence to bail out the culprits of the NSCN (IM) and the DC and SP of Ukhrul.

Comment