HC admits
Source: The Sangai Express

Imphal, April 16 2019: The High Court of Manipur has admitted a fresh petition filed by Col Dharamvir Singh praying for taking up an FIR against the Army authorities concerned and to investigate his earlier submission against the Army officers for the alleged custodial killings of Manipuri youth, by a Special Investigation Team (SIT) .

The matter was heard on April 11 (Thursday) by a Single Bench comprising of Justice Kh Nobin Singh and the matter was listed for further hearing on May 4 .

The High Court of Manipur had earlier extended the period which prevented the Army authorities from taking any disciplinary action, in the form of inquiry, against Col Dharamvir for disclosing certain facts about the killing of innocent Manipuri youth by the Army.

An interim order was passed by the Single Bench of Justice Kh Nobin Singh during the last week of January after the petitioner filed an application praying for issuing a writ of certiorari or any other appropriate writ to quash and set aside some letters, including those submitted by the Additional Directorate General, Discipline and Vigilance Adjutant General's Branch, Integrated HQ of MoD (Army), New Delhi, on October 10 last year, on inter-alia grounds that the Army authorities had issued the said letters to harass Col Dharamvir (petitioner) as he had disclosed certain facts.

On the other hand, on November 5 last year, the HC suspended the letters from the Army authorities including the letter issued on October 5 last year which was extended till date and in the meantime, a counter affidavit on behalf of the respondent (Army) was filed by Lt Col Kiram Rajan Singh wherein the allegation made by the petitioner were denied as false.

During the hearing of the case, the Court reportedly observed that the power of the Army authority to issue orders of attachment is not in dispute but the Army authority is not above the law and is governed by the rules of law.

It may be mentioned that Col Dharamvir filed his petition before the High Court of Manipur on July 20 last year, alleging that on March 10, 2010, three Manipuri youths, Phijam Naobi, RK Ronel and Th Prem, were abducted from a rented house at Dimapur by 3 Corp Intelligence Unit and were killed behind the mess and that on August, 18, 2011, a PLA leader G Jiteshwar Sharma alias Gypsy, along with his friends were picked up from a rented room near SM College, Dimapur and were killed in cold blood by the same team behind the unit mess and their bodies were buried there itself.

Further the Court had already directed the respondent (Army) to produce a status report in respect of the enquiry being conducted by the Special Investigation Team (SIT) order passed by Guwahati High Court on January 28 last year and in compliance with the Court directive, the counsel appearing for the respondents produced the same before the High Court of Manipur on January 11 this year.

After going through the report, the Court found that the enquiry remained incomplete and moreover, the enquiry appeared to have been confined to the incident which took place on March, 10, 2010 only and so far nothing appears to have been done about the alleged incident which took place on August 18, 2011 as was revealed by the petitioner in his affidavit.

Comment