Court docket body expenses towards 4 policemen in 1998 faux encounter

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

The courtroom framed expenses towards 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 beneath sections 302 (homicide), 307 (try to homicide), 201 (Inflicting disappearance of proof of offence), and 34 (legal 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, based mostly on a grievance by then sub-inspector Th. Krishnatombi. He claimed {that a} workforce 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 shifting at excessive velocity, and the muzzle of a weapon suspected to be an AK-47 was seen by the car’s window. In line with the report, the car ignored police indicators to cease and allegedly fired on the police, prompting retaliatory fireplace.

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Police claimed that within the return fireplace, 5 folks have been injured. Three died on the spot, and two others have 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.

Nonetheless, following a Supreme Court docket order on July 14, 2017, the Central Bureau of Investigation (CBI) took over the case and shaped a Particular Investigation Staff (SIT). The investigation was additionally joined by the Nationwide Human Rights Fee (NHRC) after a courtroom directive.

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

One other FIR was additionally filed on September 5, 1998, based mostly on a grievance by Pemla Shaiza, spouse of the late Main. 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 — have been travelling within the car once they have been shot at by the commandos with out provocation. The grievance stated the assault was a case of cold-blooded homicide and that police tried to cowl up the crime by staging it as an encounter.

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

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

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Throughout the listening to, the CBI’s Particular Public Prosecutor requested the courtroom to border expenses, whereas defence attorneys made no objections. After reviewing the cost sheet and different case supplies, the courtroom framed expenses beneath IPC sections 302, 307, 201, and 34 towards the 4 accused.

Nonetheless, the courtroom famous that the Residence Division of Manipur denied prosecution sanction towards 4 different accused — Nongmaithem Rameshwor, Baremon Khamjai, Khundrakpam Ranjeet, and Leitanthem Sharat — who have been additionally then commandos, so the trial can’t proceed towards them.

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