Court summons
Source: The Sangai Express
Imphal, August 21 2019:
Chief Judicial Magistrate Imphal East issued summons to three police personnel today, directing them to appear before the Court on September 9 in connection with a charge sheet submitted by CBI/ SIT regarding the fake encounter/extra judicial killing of Ningombam Khaiba on November 13, 2006.It may be mentioned that on August 5, the same Court took cognizance against the three police personnel identified as then Havildar Khundongbam Inaobi s/o Kullo of Yairipok, then Head Constable Thounao-jam Herojit s/o Shyam- sunder of Lamdeng Awang Leikai and then Constable Longjam Chingkheihunba s/o (L) Yaima of Keishamthong Longjam Leirak, after CBI submitted the sanction needed to prosecute the three individuals.
Today, the Court issued summons to the three police personnel ordering them to appear on September 9 so that relevant papers of the charge sheet can be provided to them.
The charge sheet was submitted against five police personnel before the Court for taking necessary cognizance and steps, by the IO of the case, DSP, B Ranjan Roy (CBI/ SCB Kolkata) in May this year.
Out of the said five police personnel, two (identified as then Constable Th Lungdim and then Constable Pashel Angson Anal) expired and as such, the charge sheet was submitted against the remaining three personnel after the completion of the investigation into the death of Ningthoujam Khaiba which was done on the basis of the complaint filed by the accused personnel before Lamlai PS.
As per the submitted charge sheet, the police report mentioned that the incident occurred when the victim tried to snatch the service weapon belonging to Th Herojit when he was being detained by the commando team.
On the other hand, family members of the victim who were present at the time of incident, alleged that 5 of them (including the victim) were forced to board a Maruti Van and taken to the commando complex where they were kept for around 30 minutes, blindfolded.
The charge sheet mentioned that the post mortem report suggested that the bullets were fired from close range and from multiple directions, adding that the theory of the commando personnel is taken on face value that the deceased had tried to snatch the service weapon of the accused personnel and added that shooting the victim to death is excessive use of force specially when five well trained commando personnel had the opportunity to overpower the individual.
Reasoning that the involved commando personnel created a false story to screen themselves from their offence, it mentioned that the charge sheet against the 5 police commando personnel are liable for prosecution.
It may also be mentioned that Chief Judicial Magistrate Imphal West, in May this year, allowed the prayer of the CBI to seize a 9 mm pistol (along with magazine) which was issued to Th Herojit and which had been in the custody of City police in connection with the ongoing trial of the infamous July 23, 2009 BT road firing incident.
Ningthoujam Khaiba alias Binoy of Keirenphabi was reportedly gunned down by Imphal West commando on November 13, 2006, a few hours after he was released from Sajiwa Central Jail.
At that time, his family members alleged that a commando team stopped their vehicles (which were occupied by Khaiba along with his father, brother and Advocate) near NG Mani College on their way home, pulled down Khaiba from the vehicle and shot him dead on the spot.
Khaiba had just been released on that day after he was detained under NSA following his arrest by a police team from near Oinam Dam, Mayai Lambi, in October of 2005 .
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