Killing of Tayeb Ali in 1999 : Court summons five AR personnel
Source: The Sangai Express
Imphal, October 04 2016:
The Court of Chief Judicial Magistrate, Imphal West has summoned three Lieutenant Colonels, one Havildar and a Rifleman of Assam Rifles to appear before the Court or be represented by a pleader on November 2 under Schedule V, Act V 1898 ( Section 68 of the Code of Criminal Procedure ) with regard to a charge sheet lodged against them by CBI in connection with the killing of one Tayeb Ali at Paomei Colony on September 25,1999 .
The case is registered as State/CBI versus PS Bonafer s/o AS Bonafer, then Captain of 17 Assam Rifles, Kangla presently posted as Lt Colonel AQNG HG 10th Artillery Division C/o 56 APO, Ashish s/o Dr Pratap, then Captain of 17 Assam Rifles presently posted as Lieutenant Colonel at Army head quarters New Delhi, Baulal Pradhan s/o Krishan Bahadur presently posted as Lieutenant Colonel 17 Assam Rifles, Zakama Nagaland, Laxman Singh s/o Sher Singh, then Rifleman of 17 Assam Rifles, presently posted as Rifleman 40 Assam Rifles, Wokha Nagaland and Md Abdul Latif s/o Md Shahbuddin, then officer in charge of Kangpokpi Police Station presently posted as Commandant 2nd IRB, Kangla.
CJM Court Imphal West passed an order on August 1 this year asking whether prosecution sanction under section 197(2) CR PC is required against the alleged accused Nos 1 to 5 ( Assam Rifle personnel) who are officers of the Indian Army for taking cognizance
of the offence under section 120-B/201IPC r/w section 364/ 302 which are charged against them.
Even as alleged accused number 6 Md Abdul Latif appeared before the Court along with his counsel, the five other alleged accused did not appear.
Subsequently, the Court issued summons to all the alleged accused nos 1 to 5 returnable on or before September 5, 2016 .
Accused no 1 PS Bonafar filed an application stating that they (accused number 1 to 5) could not appear for the case as prosecution sanction was not granted by IGAR Additional Law Officer Colonel Arvind Rishi of the Union of India, and the Court studied the same application on September 27 .
However, the Court order issued on August 1 also mentioned that the point raised by the Additional Law Officer for IGAR was already dealt with.
The Court then re-issued a summon to all the alleged accused except Md Abdul Latif returnable on or before November 2 .
It may be mentioned that Md Tayeb Ali was allegedly picked up by armed persons in plain clothes who were suspected to be Indian Army while he was proceeding towards Imphal from Kairang in his Luna moped near Paomei colony on September 25, 1999 and the next day, he was found dead along National Highway 39 near Pangmol village under Kangpokpi police station in an alleged encounter with 17 AR.
Six years after the incident, Guwahati High Court Imphal Bench directed the District and Session Court, Manipur East to conduct an enquiry into the matter and submit its report before the Court.
District and Session Court Judge conducted enquiry and concluded that Md Tayed Ali was forcefully taken into a Maruti Van without registration number plate at around 10 am and the van entered Kangla Fort which was then serving as battalion headquarters of 17 Assam Rifles.
After receiving the enquiry report, Gauhati High Court, Imphal bench passed an order directing CBI to investigate the matter on May 16, 2005 .
After due investigation, CBI submitted charge sheet on 8 June 2009 against the 6 alleged accused under section 120-B/120/ 364 and 302 IPC.