Imphal, December 10 2010: Justice (Rtd) PG Agarwal Commission of Inquiry investigating into the circumstances leading to the killing of Ch Sanjit and Th Rabina on the July 23, 2009 "fake" encounter in Khwairamband bazar heard today statements and appeals from the counsels representing the commission, police department and the accused at Hotel Imphal.

Not being able to make any breakthrough today the commission has fixed December 29 as the next date of hearing for the case.

Hearing submissions from S Devendra Singh, an accused, through his counsel N Santosh Singh which stated that in view of his pending criminal trial before the Sessions Court, he prayed he may not be asked to make a statement before the Commission at this stage lest it may prejudice his case.

It was further stated that S Devendra Singh is ready and willing to cooperate with the Inquiry Commission and will appear and make a statement after his statements are recorded in the criminal trial.

The counsel for the Commission, Th Modhu Singh, however invoked the provisions of section 6 of the Commission of Inquiry Act, 1952 and submitted an argument against the plea submitted by Devendra that the statement to be made by Devendra will not prejudice him any manner whatsoever.

The one man Commission has observed that Santosh Singh, counsel for Devendra, has prayed for further time to support his plea.

The Commission also heard submission from Kumarjit Singh, Counsel for the police department, that said Devendra Singh has been transferred and Inspector James has taken over as Officer-in-Charge (OC) of Commando (Cdo) Bazar Unit to which the commission directed that the required records may be called from and that the present OC of Cdo Bazar Unit be directed to attend with relevant records regarding detailing of police commandos on July 22, 23 and 24, 2009 and any information available on record.

The commission pronounced that the matter relating to AK Jhalajit Singh, the then Additional Superintendent of Police of Imphal West who is also an accused in the case, shall be considered on the next date of hearing which has been fixed by the Commission on December 29, 2010 at 10.30 am.

Devendra and Jhalajit had been summoned by the Agarwal Commission instituted to investigate into the circumstances and nature leading to the July 23, 2009 Khwairamband Bazar "fake encounter" in which Ch Sanjit, a former UG and Th Rabina, a pregnant house-wife, were killed and five other civilians were injured.

CBI had chargesheeted seven other police personnel besides the two, the trial which started on 28 September 2010 in the court of District and Session Judge, Imphal East.

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