Imphal, August 25 2009: The Gauhati High Court, Imphal Bench today directed the Officer-in-Charge (OC) of City Police Station to register an FIR case on the basis of the report submitted by the mother of (L) Ch Sanjit, who alleged that her son was killed after arrest by the Manipur Police Commandos.

The Gauhati High Court also directed the DGP Manipur and the SP of Imphal West district to see that the OC of City PS registered the case immediately.

The Court order stated that the petitioner Ch (O) Taratombi (Sanjit's mother) submitted a report to the OC of City PS on August 7 alleging that her son was killed by personnel of Manipur Police Commandos on July 23 after his arrest on BT Road.

The petitioner reported that she came to know about the alleged fake encounter only after seeing the report in a national weekly newsmagazine, 'Tehelka' in its issue dated the 1st August,2009 .

The Court observed, "On seeing a copy of the said publication containing photographs and news report, in our opinion, there is strong possibility that the son of the petitioner was killed in a fake encounter and as such, there is a prima facie case for investigation.

It is also ascertained that on the basis of the official version, an FIR has been already registered".

It also noted that there is nothing to show that investigation is going on in respect of the allegation made by the petitioner about the said encounter.

The counsel of the DGP was asked to cause production of the relevant case diary in order to ascertain the investigation was made or not.

The order noted he was not in a position to cause production of the said case diary today.

The Court order observed that the allegation in the report of the petitioner is quite distinct from the offence committed by Sanjit in the FIR case already registered by the OC of City PS.

"We do not find any appreciable reason as to why the concerned respondents should not be directed to register an FIR case on the basis of the report submitted by the petitioner on 7.8.2009 and also to proceed in accordance with law," the Court order observed.

The Advocate appearing on behalf of the DGP today argued that there can be no second FIR and no fresh investigation on receipt of several subsequent information in respect of the same cognizable offences while citing a previous Court's decision.

However, the Court held that the decision (in TT Anthony vs.

State of Kerala & Ors.; (2001) 6 SCC 181) will not be applicable in the facts and circumstances of the present case.

The Court also held that there is no legal bar in registering an FIR on receipt of the report submitted by the petitioner.

The Gauhati High Court, Imphal Bench has directed the OC of City PS to register an FIR on the basis of the report submitted by the petitioner.

It also directed the DGP and SP Imphal West to see the OC complies with the Court's order.

Advocate Kh Mani has appeared on behalf of the petitioner today.

He was assisted by Advocate Meihoubam Rakesh.

Additional Government Advocate, RS Reisang and Advocate N Kumarjit have appeared on behalf of the respondents.

The respondent listed in the petition is the State Government represented by the Chief Secretary, Director General of Police, SP of Imphal West District and OC of City Police Station.

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