Court body expenses in opposition to 4 policemen in 1998 pretend encounter

Major Shaiza was the youthful brother of former chief minister Yangmasho Shaiza, belonging to the Tangkhul Naga group (a sub-tribe of the Nagas).

The court docket framed expenses in opposition to then sub-inspector Krishnatombi of Tabungkhok Makha Leikai, constable Khundongbam Inaobi of Minuthong #Kabo Leikai, constable Thangkhongam Lungdim of G. Songgel village, and Md. Akhtar Hussain of #Yairipok Tulihal Konjil Leikai underneath sections 302 (homicide), 307 (try and homicide), 201 (Causing disappearance of proof of offence), and 34 (felony act is finished by a number of people in furtherance of a standard intention) of the #Indian Penal Code (IPC).

The case was initially registered at Singjamei police station as FIR No. 185(8)1998, primarily based on a grievance by then sub-inspector Th. Krishnatombi. He claimed {that a} crew of #Imphal West commandos was working within the Kwakeithel space, #Imphal West, to arrest underground militants. They noticed a suspicious car with a #Nagaland registration transferring at excessive velocity, and the muzzle of a weapon suspected to be an AK-47 was seen via the car’s window. According to the report, the car ignored police alerts to cease and allegedly fired on the police, prompting retaliatory hearth.

Also learn: 1994 pretend encounter: SIT provides expenses of homicide, proof destruction to FIR

Police claimed that within the return hearth, 5 folks had been injured. Three died on the spot, and two others had been taken to the hospital, the place yet one more died. Police additionally reported discovering two AK-47 rifles and magazines contained in the automobile.

However, following a Supreme Court order on July 14, 2017, the #Central Bureau of Investigation (CBI) took over the case and shaped a Special Investigation Team (SIT). The investigation was additionally joined by the National Human Rights Commission (NHRC) after a court docket directive.

The SIT’s probe, together with the report of the Justice C. Upendra Commission of Inquiry, discovered that the police could have staged the encounter. The report named SI Krishnatombi, SI Rajen, Constable Akhtar Hussain, Inaobi, Lungdim, and Ginkhanlei Vaiphei as answerable for the deaths of Major Shaiza, Rukhoshele, Tosovchu Chakhesang, Kikheto Sema, and H. Budha, and the harm of Thenucho.

Another FIR was additionally filed on September 5, 1998, primarily based on a grievance by Pemla Shaiza, spouse of the late Major. She claimed that her husband and 4 others — together with Thenucho (former Speaker, #Nagaland), Tusovihu of #Nagaland Police, Kekheto Sema of #Nagaland Police, and Rukno Saila, driver of the automobile — had been travelling within the car after they had been shot at by the commandos with out provocation. The grievance mentioned the assault was a case of cold-blooded homicide and that police tried to cowl up the crime by staging it as an encounter.

Besides, one civilian, Hidam Budha of Kwakeithel Akham Leikai, additionally died within the incident as a consequence of a stray bullet.

The investigation discovered proof suggesting that the rifles discovered on the scene had been planted and that the story of a gunfight was fabricated.

Also Read: Sohrabuddin pretend encounter case: twenty ninth witness who ‘saw a victim’ turns hostile

During the listening to, the CBI’s Special Public Prosecutor requested the court docket to border expenses, whereas defence legal professionals made no objections. After reviewing the cost sheet and different case supplies, the court docket framed expenses underneath IPC sections 302, 307, 201, and 34 in opposition to the 4 accused.

However, the court docket famous that the Home Department of Manipur denied prosecution sanction in opposition to 4 different accused — Nongmaithem Rameshwor, Baremon Khamjai, Khundrakpam Ranjeet, and Leitanthem Sharat — who had been additionally then commandos, so the trial can not proceed in opposition to them.

The CBI submitted the cost sheet in June 2020 after finishing its investigation.