IMPHAL | Feb 22
Chief judicial magistrate of Thoubal has disposed of a case today which involves a fake encounter for lack of prosecution sanction. Five policemen who are allegedly involved in the fake encounter will be set free.
One Athokpam Angousana Meitei was arrested by a team of Thoubal police commandos led by head constable H Sakthi on 27, February 2011. As per Extrajudicial Execution Victims Families Association, Manipur (EEVFAM) statement, Angousana was brutally tortured by the said police team and he later succumbed to his injuries.
Angousana’s case is among the 1528 cases of fake encounter being handed over to the Supreme Court seeking for probe.
The CBI was tasked with investigation and his case was among the 9 cases of which charge sheet has been submitted to the respective courts.
There are 4 cases of fake encounter in Imphal East court and 4 in Imphal West, 1 case was filed at Thoubal court as per the jurisdiction.
The CBI had filed the charge sheet at the Thoubal court in August last year but no action had been taken up, EEVFAM had charged the Thoubal court in the regard.
The CJM Thoubal in his proceeding in regard to the said case (No. 48 of 2019) , FIR number RC/DST/2018/S/0022 under section 302/34 of the IPC was heard today.
As per the order passed, the CBI investigating officer Harish Goel had intimated the court that prosecution sanction has not been received yet and prayed that it will be obtained shortly within this month of February and asked for time to be given.
The magistrate ruled that the accused being government employees, they cannot be tried without the prosecution sanction. As the final report or charge sheet did not have the mandatory sanction, the charge sheet was deemed incomplete and was disposed of.
The CBI had written to the chief secretary , J Suresh Babu in December last year to provide prosecution sanction for 7 cases of fake encounters.
It was mentioned in the letter that as the prosecution sanction was still awaited from him, the trails are being hampered at the respective courts. Angousana’s case was one which was awaiting the sanction from the chief secretary.
IFP in the regard called up the chief secretary to give his side on why the sanction was not given? He replied that there are many cases awaiting sanction and he had been expediting them but the said case of Angousana was not in his knowledge.
“I do not have any knowledge of this case,” he said. Lawyer of Human Rights Law Network, Rakesh Meihoubam said that they will approach the High Court of Manipur in the Angousana case.
Executive director of EEVFAM, Babloo Loitongbam said that the civil organisations have been taking up the cases of fake encounter with perils faced by the activists so that some justice could be delivered.
He said that the chief minister in his address at the Human Rights observation day held at December 11 last mentioned that those who have perpetrated fake encounters and violated human rights will not be spared.
“ We have done our part and still doing as activists, but those who are in power and those who have promised to deliver justice still remain a silent spectator, when it is time for them to act,” he opined on the government not giving the prosecution sanction of policemen charged with fake encounter.