Imphal, May 21 2022: The Session Judge Imphal West has on May 17 issued notice to Extrajudicial Execution Victim Family Association (EEVFAM) returnable on or before May 30 in connection with the criminal petition filed by the Union Ministry of Defence.
The criminal petition was filed in January under Section 379 CrPC 1973 read with Section 399 praying to revise the order of CJM Imphal West dated February 22 2021 in connection with Cril Misc (FR) case number 633 of 2020 in January and the Court had directed CBI to submit a written reply before February 18 .
The CBI, in its reply, mentioned the investigation of the death case of Pheiroijam Sanajit in the intervening night of May 30 and 31, 2014.was taken up as per the direction of the Supreme Court order dated July 14, 2017 .
After the investigation, the CBI submitted its final report to the Court in September 2020, claiming that the Ministry of Defence denied to accord prosecution sanction under Section 197 of CrPC and Section 6 of Armed Forces Special Powers Act against the four accused army personnel belonging to 19 Rajput (Bikaner) namely Girish Nair, then Major now retired, Rahul Bal Mishra then Captain of 19 Rajput, Ranbeer Singh then Havaldar of 19 Rajput and Abhay Pratap then Sepoy.
CJM Imphal West placed the matter before the High Court of Manipur and raised 10 points for reference to enable the Court to take appropriate decisions in the alleged fake encounter case where prosecution sanction is denied against defense/paramilitary personnel by the Union of India.
The notice was issued after hearing of the criminal revision petition filed by a Captain of 13 Dogra stationed at 57 Mountain Division Headquarters at Leimakhong.
Reportedly, the hearing was held on May 17 as per the direction of the High Court of Manipur and criminal revision petition is to be disposed on or before June 13 .
After hearing, the Court made EEVFAM respondent number 2 and issued notice to the association returnable on or before 30 May and fixed the same day for further hearing of the case.