TODAY -

Alleged extra-judicial killing of Sanajit : Centre's review petition disposed
Source: The Sangai Express

Imphal, July 04 2022: The Session Court Imphal West has on Monday disposed the criminal revision petition filed by the Union of India against Central Bureau of Investigation (CBI) and Extrajudicial Execution Victim Family Association Manipur (EEVFAM) on alleged extrajudicial killing of Pheiroijam Sanajit in May 2004 .

The revision petition was filed by the Ministry of Defence represented by a Captain of 13 Dogra presently stationed at 57 Mountain Division Leimakhong Headquarters against the order passed by CJM Imphal West which raised 10 points for reference to the High Court of Manipur to enable the Court to take appropriate decisions in the alleged fake encounter cases where prosecution sanction is being denied against defence/paramilitary personnel by the Union of India.

Members of EEVFAM attended the hearing of the revision petition as a respondent of the case along with CBI officials.

The Union of India has also filed a revision petition under Section 397 CrPC read with Section 399 CrPC challenging the order dated February 22, 2022 passed by the Chief Judicial Magistrate, Imphal West with a reference to the High Court with respect to 10 questions for clarification as the questions are involved in similar cases pending before other Courts too.

During the hearing, the Court observed that the CBI registered FIRs in connection with the cases of alleged fake encounters as per the directions of the Supreme Court and submitted the Final Reports under Section 173 CrPC to the Courts concerned.

The present case of the death of "Pheiroijam Sanajit" in an alleged encounter with the personnel of Rajputana Rifles is one of the cases which was directed by the Supreme Court for investigation by CBI.

As per the final report submitted by CBI, the case was earlier registered at Sekmai Police Station under different Sections and Arms Act based on the complaint lodged by then Subedar Surender Pal Singh of 19 Rajput (Bikaner) who claimed that an ambush was carried out in the general area of Senjam Chirang on Khurkhul-Phumlao Road on the intervening night of May 30 and 31, 2004 .

In the exchange of fire, one unidentified underground cadre was killed at the spot and one carbine, eight live rounds and one fired case were recovered from the spot.

The deceased was later identified as Pheiroijam Sanajit, as per the complainant.

The submitted final report also mentioned that during their investigation another FIR was registered at Lamlai Police Station on the basis of a complaint by Ph Itocha Singh (elder brother of Pheiroijam Sanajit).

It was alleged in the FIR that Sanajit was picked up from his residence in Imphal East while he was sleeping at his residence by 19 Rajputana Rifles personnel at around 1 am of May 31, 2004 and on the next day he (Sanajit) was found dead.

Phijam (Ningol) Pheiroijam (Ongbi) Rita Chanu (wife of deceased Pheiroijam Sanajit) filed a writ petition before the Gauhati High Court (Imphal Bench, now High Court of Manipur) in connection with the 'abduction and murder' of Sanajit and on the direction of the High Court, District Judge, Imphal East conducted an enquiry and held that Pheiroijam Sanajit succumbed to bullet injuries fired by the personnel of 19 Rajput Rifles and the deceased did not die in the retaliatory fire at Senjam Chirang, Imphal West.

During the investigation, CBI registered FIR against 10 personnel of 19 Rajputana (Bikaner) out of which two of them had expired and no sufficient evidence was found against four personnel while four personnel were listed as accused - retired Major, retired Captain Rahul Bal Mishra, Ranbeer Singh (then Havaldar) Abhay Pratap (then Sepoy) .

The final report submitted by CBI mentioned that the Central Government denied to accord prosecution sanction against the four accused, following which CJM Imphal West issued a notice on October 7, 2020 to the Under Secretary (AG/DV/HRC), Ministry of Defence to appear in person or send a pleader on October 16, 2020 and explain why prosecution sanction shall not be granted to the accused.

During the hearing of the criminal revision petition, Counsel of Union of India submitted that once the sanction to prosecute under Section 6 of AFSPA is denied, the criminal Court lacks competence to deal with the case and should have dropped and closed the proceeding.

It was further submitted that the procedure adopted by CJM Imphal West in issuing notice to the victim family, EEVFAM and others in spite of denial of prosecution sanction amount to reopening of the case and the same is impermissible and without jurisdiction.

In response to the criminal revision petitions, a written submission was filed by EEVFAM and the victim's family/informant claiming that there is no bar for taking cognizance against the accused persons and act of the accused army personnel are not protected by the provisions of Section 197 CrPC and Section 6 of AFSPA.

Union of India replied to the EEVFAM and victim's family that Bhagwant Singh's case does not postulate for the victim's family to persuade the Court to take cognizance when the prosecution sanction has been denied and prior sanction is prerequisite for prosecuting Army personnel for acts done in discharge of their official duty.

On May 17, 2022, the Court made a query to CBI as to why it has not challenged the denial of prosecution sanction by the Central Government, following which the PP of CBI submitted that they cannot challenge the denial of sanction and it has to be done by the victim's family/EEVFAM.

Further on May 30, 2022, PP of CBI submitted that EEVFAM is not a victim of the case as defined under Section 2(wa) CrPC and they cannot be counted as a necessary party and as such only the victim's family will have to file a protest petition.

After hearing the parties at length, the Court observed that the CBI never asked for closing the main case, but in view of denial of the prosecution sanction by the Central Government, the final report, by implication, became a closure report.

It has been held that in such a situation, hearing the parties, particularly the victim side/EEVFAM and the stakeholders with a view to pass an appropriate order is a natural process.

The victim's family/EEVFAM can file a protest petition in the spirit of natural justice.

The Court observed that the Magistrate has jurisdiction and competence to make reference under Section 395(1) CrPC and it is under Sub Clause (2) that only Sessions and Metropolitan Magistrate are empowered to make reference not covered by Sub Clause (1) .

It is also clarified that when CJM Imphal West made reference via second order dated February 22, 2022, the FR case was pending before it and after making reference to the High Court, CJM Imphal West inadvertently disposed of the final report.


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




HEADLINES - 05, JUL 2022
  • NCW Chairperson R Sharma strikes chord with Ukhrul women
  • Five more bodies retrieved, 15 still missing
  • Police remand for four frauds
  • IDCF campaign
  • SIRE award
  • Search to continue till all bodies found : Newmai
  • Upward tick continues with nine new cases
  • Dr Sarkar reviews Central Govt schemes
  • Central team inspects Jal Shakti projects in Kamjong district
  • Revised edition of biographical novel 'Marie Curie' released
  • Judicial remand for 'virtual conmen'
  • Minister interacts with students
  • Global Education Conclave held
  • Workshop on 'Role of Horticulture in Manipur with special reference to pineapple of Andro' organised
  • Nemcha Kipgen distributes Horticulture crops
  • TA & Hills Minister warns PDS agents against rice misappropriation
  • Nothing good will come by sailing on two boats: ZUF
  • Pongringlong VA extends gratitude
  • Fever outbreak
  • Landslide toll reaches 47, identification getting tougher
  • Covid uptick continues, nine new cases detected
  • MoS reviews central schemes in Thoubal district
  • NDA candidate Draupadi Murmu to arrive today
  • Nemcha distributes horticulture crops
  • Diarrhoea Control Fortnight launched
  • NCW chief visits Ukhrul, meets public leaders
  • Woman held in drug bust given 4-yr prison time
  • Plantation drive conducted to forge friendship
  • FMD, Brucellosis control programme begins
  • Nominal festivals can't preserve art forms: Bilash
  • MoS Dr Subhas emphasises on holistic education
  • Raitu Chawang creating confusion: ZUF
  • Central team visits Jal Shakti projects in Kamjong
  • MU Asst Prof selected for intensive research in Florida
  • Bodies urge for Manipuri member in Karbi Anglong AC
  • KISS holds convocation, awards honorary doctorates
  • Meeyamgi Numit organised at Kakching DC office
  • Letpao extends monetary aid to ailing orphan
  • Landslide victims condoled; aid extended
  • CM reviews situation
  • HSLC Exam result likely by July 10
  • MTU's cultural, technical event begins
  • RNYO lauds CM, hails rescue efforts
  • Award winner VDFs feted
  • Kanglup celebrates golden jubilee
  • Training programme on fire safety begins
  • Day of Cooperatives observed in Thoubal
  • Residential summer camp begins
  • Drug day competition prizes distributed
  • Meeting dissects woes of Mid-Day Meal workers
  • 'Greening the Rocks' campaign begins
  • Cleanliness, tree plantation drive carried out
  • LATEST IN E-PAO.NET
  • Id-ul-Fitr @ Yairipok, Kshetrigao : Gallery
  • Violence in Manipur 2023-2025 : Timeline
  • NRC before Delimitation in Manipur
  • Zeilad Lake : A common heritage
  • Right to safe abortion cannot be dislocated
  • World Theater Day
  • The shackles of ideas in digital India
  • The stand against delimitation
  • Myanmar earthquakes & vulnerable Northeast
  • Shortcomings - Delimitation in Manipur
  • "Tulsi Nonglik" at CAU, Lamphelpat
  • The Power of Preparation
  • Catherine Soyamphi: Turn waste into wealth
  • 'Common Platform' and 'Common Draft'
  • The Wounded Mercenary :: Poem
  • Mohan and Modi in Nagpur
  • Sajibu Cheiraoba Chak Katpa #1 : Gallery
  • Langamba, Dithinbou, Iping : eMing
  • 27th PANE Foundation Day
  • MoU with Nittur IAS Academy
  • Sleep State Impasse : A mass digital disorder
  • TIM to attend Hun Thadou Cultural Fest
  • First-ever ABH-incompatible Kidney transplant
  • Yaoshang Sports @ Kwakeithel #2 : Gallery
  • April Calendar for Year 2025 : Tools
  • Tamnalai :: Play Synopsis
  • Sajibu Cheiraoba- Meitei New Year Day: Book
  • Rise of AI: Story of future, dreams & nightmare
  • Funding crisis into opportunity to end TB
  • The Power of Poppy - 74 :: Poem
  • Saroi Khangba @ Imphal #2 : Gallery
  • Indigenous Women's Rights in Manipur
  • A review of In Xanadu: A Quest
  • Open Letter to Shri Amit Shah
  • Strategy for resource mobilization
  • Haircare tips to bloom in spring
  • Over a month since PR came into force
  • Near consensus on NRC update
  • Dr Aheibam Koireng: A prolific academician
  • Abolish Institution of Hereditary Chieftainship
  • Seminar on Career Choice at Kanglatongbi
  • Indo-Naga Talks (From 2012) :: Timeline
  • TCI condemns Kuki diktats
  • Diktat to cancel Hun-Thadou fest
  • Objection To "Hun" Celebration
  • How to choose right career after XII class ?
  • Details of drug smuggling coming to light
  • Robust anti-drug units must to nail kingpins
  • Rare grasshoppers, crickets recorded in Zeilad
  • The Laiphadibi :: Poem
  • Policy proposal for ending ethnic conflicts
  • Entrepreneurship with mushroom cultivation
  • Condemns illegal diktat by Kuki SoO groups
  • A woman - Does she need fixing ?
  • Understanding Ponzi, digital banking fraud
  • Step down nudge to political appointees
  • Rivers turning into dumping zone
  • Radio E-pao: 5 new songs added ...
  • The Power of Forgiveness & Leadership
  • The Painted Facade :: Poem
  • The culture of 'Micro-notes'
  • Tooth trouble: How parenting choices affect
  • Smart watches becoming essential for health
  • Uphul-Waiphul and Leikhom-Leinang
  • Sluggish road work in state
  • Yaoshang Sports @ Kwakeithel #1 : Gallery
  • Non-violence for defeating Kuki militants
  • Emerging Tech for Senior Govt Officials
  • Oil exploration in Manipur and Nagaland
  • Thadou Hun Cultural Festival 2025
  • Homage to ex Nagaland CM Vamuzo
  • Meteorology as a career choice
  • NRC before delimitation call
  • Constitutional means unlikely to end crisis
  • Thang-Ta for emotional balance
  • World Water Day @ MU : Gallery
  • How can we leave behind at higher TB risk
  • Cocoon of Despair :: Poem
  • Raghubir Thiyam: Gopal Sharma Award 2025
  • Women in era of 'sex objectification'
  • Manipur inching towards solution
  • Growing defiance of the radical elements
  • Growing clamour for NRC in state
  • 14th AMWJU Annual Sports Meet #2 : Gallery
  • Research methodology in English literature #2
  • Supreme Court Judges visited Relief Camps
  • Thiruvarur Temple Rath Yatra
  • Sakora Abhiyan at Manipur University
  • Fragmentation of Kukiland dream into Zoland
  • Viksit Bharat Youth Parliamentary Fest
  • Yaoshang Mei Thaba #2 : Gallery
  • Viksit Bharat Youth Parliament at Tamenglong
  • Leadership Lessons Rooted in Wisdom
  • Water is lifeblood for our planet
  • Introduce Psychology as a Major Subject
  • Spring beauty: Foods that make you beautiful
  • Yapping on the mobile while driving
  • Manipur's perspective in ECI move
  • Day 5: Yaoshang Sports : Gallery
  • Issue of Separate Administration for Kuki-Zo
  • Danger of substandard medical products
  • Impact of global warming: Dengue in winter
  • 54th National Safety Week in Manipur
  • March 2025 : A significant month so far
  • Amit Shah tough posture against drug dealer
  • National Bamboo Festival : Gallery
  • Yaoshang Pichakari #2 : Gallery
  • Appeals for peace & understanding in CCpur
  • Role of former legislators in governance
  • World Social Work Day
  • 1st Northeast Social Work Conclave
  • Looking back at March 8, 2025
  • ECI move for aadhaar link a boon for Manipur
  • Remembering Comrade Nurul Huda
  • Yaoshang Mei Loukhatpa #4 : Gallery
  • Thadou's Position on Kuki-Zo "Referendum"
  • Reflections on mentorship & journey of youth
  • Condemn assault on Hmar leader in CCpur
  • A Choir of Cries :: Poem
  • The essence of Yaoshang
  • Research methodology in English literature #1
  • Rongmei in Nagaland fish for opportunities
  • Training on Plant Tissue Culture @ IBSD
  • The Taste of Dreams - A Stirring Tale
  • Why is menstruation stigmatized in India ?
  • Pichakari @ Govindajee #1 : Gallery
  • Is patriarchy petrifying govt on gender equality
  • From Ashes to Hope :: Poem
  • The grim fate of entrepreneurs in Manipur
  • Suggestions for Opening National Highways
  • 'Ghar Wapsi' on cards for Team Neiphiu Rio ?
  • Yaoshang Mei Loukhatpa @Kangla : Gallery
  • Calls for Free Flow Of Rivers in Manipur
  • Self-Motivation as the Key to Success
  • Article 355: An obligation upon Central Govt
  • Women empowerment : A myth or a reality
  • The Power of Poppy - 73 :: Poem
  • Yaoshang Mei Thaba @ Imphal #1 : Gallery
  • International River's Day at Nungbrung
  • 'Preservation of Cultural Heritage' seminar
  • A Bungalow for Brahmaputra
  • Nongmaithem Rakesh at Fitness Supermodel
  • Objection to Revoke Free Movement Regime
  • Agony of Assam: Rich in tea & yet joblessness
  • 14th AMWJU Annual Sports Meet #1 : Gallery
  • Why Priyakanta Laishram's Best Director...
  • Bishworjit Konthoujam in English Cricket club
  • Welcome joint statement from TIM & MA
  • Yaoshang Holi Festival :: Book
  • Cry for Constitutional safeguards of Meitei
  • Centre's free movement plan under cloud
  • Time to say No to separatist agenda
  • 1st AMAND Football Cup @ Pune : Gallery
  • Viksit Bharat Youth Parliament at Tamenglong
  • Youth's Role in Society & Regional Upliftment
  • Finance Minister's masterclass in empathy
  • Bijou Thaangjam : Best Director, Indie Shorts
  • NER Tech Hackathon 2025 results announced
  • Holi skin and hair care tips
  • Call to surrender arms, call for free movement
  • Dissent over state budget
  • 21st Ningtham Kumhei #1 : Gallery
  • pNTuHdugi lMjeL - Lamjel :: Seireng
  • Project Associate / RA @ Assam Univ
  • Manipur - experiment for tribal integration
  • Learn from the mistakes of others
  • Change happens when gender inequality...
  • Of regulating cross border movement
  • Public yearning for peace, not street protest
  • Hackathon @Manipur University : Gallery
  • Lady from hills face discrimination in town
  • Objection Regarding Biased Reporting
  • The ice-cream woman of Tripura
  • Prayers and Appeal
  • His excellency : A lover of Manipur
  • Turning NH-2 to a battlefield
  • Onus on centre to counter indefinite shutdown
  • A Blueprint for Turning Dreams into Reality
  • Ukraine President Vs US President
  • Light for All :: Poem
  • The Philosopher - King :: Review
  • Health problems from consuming fast foods
  • Cutting short trip to Senapati
  • Time to expose leaders inciting commoners
  • The Untold Meaning of MEETEI and MEITEI
  • Nirmala Chongtham : Bans Bhushan Award
  • Peace as Basic Foundation in Manipur
  • Lost Between Life and Death :: Poem
  • First National Lok Adalat 2025
  • If bulging blue veins on your abdomen
  • The Power of Poppy - 72 :: Poem
  • In Memory of Aheibam Koireng
  • Dinesh Leitanthem: Wresting titles to brickfield
  • Featured Front Page Photo 2025 #1: Gallery
  • International Women's Day (IWD)
  • Statement of Condemnation
  • Maharishi Karve - on Women's Day
  • Critics struggling to analyse theatre
  • Denounces Death Threats
  • Clear all roads instruction: Date with March 8
  • Surrender deadline end, public lens on centre
  • Manipur's War on Drugs: Against Narcotics
  • 1st AMAND Football Cup 2025 : Report
  • JN IV National Schools C'ship 1958 Delhi
  • To My Master Kaduangaipou :: Poem
  • The Mirage of Moirang :: Poem
  • Our Homeland, our Manipur :: Poem
  • Moirangthem Marjit chairs CCCIS, Hong Kong
  • Quantum Science (IYQ-2025) : Report
  • Mushroom Training @ Yangdong : Gallery
  • Student @Class X Exam (CBSE) #2 : Gallery
  • Draft plan for employment generation #4
  • A Place, We Dearly Call Childhood :: Poem
  • Saroi Khangba @ Imphal #1 : Gallery
  • Shivaratri Shopping List @ Singjamei : Gallery
  • Students @ HSLC Class X Exam : Gallery
  • Students @ Class XII Exam : Gallery
  • President's Rule in Manipur : 1967 - 2025
  • Tarao Harvesting Fest @Chandel #6 : Gallery
  • Mutua Bahadur : Preserving Manipuri culture
  • AIR Radio Imphal Station - Live streaming
  • Meitei Mayek Tamba : Online Classroom #5
  • Downloadable Manipuri Calendar :: 2025
  • GHOST of PEACE :: Download Booklet