Legal Imbroglio in Court as advocates put up pleas in case proceedings
IMPHAL, March 21: “I no longer have any faith in these so called investigations whatsoever, I just want to divulge the facts and would prefer a fresh investigation in the regard,” head constable Thounaojam Herojit told the District and Sessions Court Judge, Imphal West today at Cheirap Court.
The scheduled date for the case of the controversial Chungkham Sanjit killing at Khwairamband bazaar on July 23, 2009 was carried out today at the said Court, it was postponed from March 6 last as the self confessed perpetrator of the crime, head constable Herojit had failed to make the Court appearance then owing to ill health.
Advocate Ibochou, who represented Herojit as the defence counsel told the judge that the case following Herojit’s new revelation in the Ch Sanjit alleged fake encounter killing case can qaualifying to be be a rarest of the rare case.
He told the Court that there are new evidences in regard to the case and there is every possibility of a high level conspiracy. “This case cannot be tried as a common case, an extreme step is required in handling his matter and as such cannot be taken lightly. There has not been any such case in the history of Manipur like this one and this case may serve as an end all further probable cases of fake encounter from occuring in the State,” he said.
The advocate further said that the case is also of such complication that there is no provision in the CrPC (Criminal Procedure Code ) which can be referred to appopriately.
It may be mentioned Herojit is not pleading guilty to the Court to lessen punishment nor is he willing to become a Government approver. Herojit had stated that he wants the law to take its own course and justice to be done simply on the fact that he had killed Ch Sanjit on the order of Akoijam Jhalajit.
Advocate Lakhikanta who represented Herojit earlier also urged the judge that he cannot remain a silent spectator in the proceedings of the case. “Herojit’s desire is to disclose facts, disclosure does not mean pleading guilty, a disclosure of facts does not amount to a plea of guilt, a difference is there,” Lakhikanta said.
He added that the Court cannot let Herojit be left high and dry and there should be every reason for the judiciary to hear Herojit’s confession and book others who may be guilty in the case of Ch Sanjit fake encounter case.
He urged the judge that the same case was heard exhaustively in the High Court before and the matter has been handed over to the trail court. As such, the legal fraternity is closely observing this case not only for public interest but also for academic reasons. “The legal fraternity is looking upon this Court for a just decision in this case,”he said.
The Court also heard the matter of Ch Taratombi, who is the mother of late Sanjit. She had petitioned the Court separately to direct the CBI for further investigation in regard to the new revelation of Herojit.
Khaidem Mani representing Ch Taratombi urged the judge that there is a stepmotherly treatment from the CBI in this matter which has elapsed for nearly two months since the new confession of Herojit.
“The public may feel that the CBI may perhaps be a Corrupt Bureau of Investigation, all complaints have fallen on deaf ears, even the Chief Minister, DGP needs to be investigated in this matter as their names have been implicated by Akoijam Jhalajit through Herojit’s confession. Further investigation needs to be done. Perhaps, this is due to the fact that this is Manipur and there are no strong media in the State to carry the agenda further,”he said.
CBI public prosecutor Ibomcha, argued the charges of CBI remaining a mute witness in this case, he said that all petitions are handed over through a channel.
The petitions are handed over to CBI Gauhati, later on to Kolkotta and Delhi, there is a rule which has to be followed. He stated that the media is concealing facts in regard to the case, that there are still 3 media persons still to give their testimony to the CBI still. Ibomcha maintained that CBI acting on its own in the Herojit case would be prejudiced as the trail is still going on in Court. “The CBI is still doing its job and we await Court orders in the rergard,”he said.
The District and Sessions judge, Manoj after hearing the said twin cases of Taratombi and Herojit’s petition stated that he has been studying the case and its legalities and that the present case has a legal lacunae of a ‘conflicting judgement’ and postponed the case to be heard on March 29.