IMPHAL, Apr 24: Hearing of the criminal petition filed by Dr Ak Jhalajit, CO Ist IRB in High Court of Manipur against CBI challenging the order of Sessions Court Imphal West allowing the investigation agency for further investigation into the July 23, 2009 BT Road firing incident will be held tomorrow.
On April 3 last, Chief Justice of High Court of Manipur had asked counsel of the petitioner, BD Goswami to submit a rejoinder with regard to the criminal petition and fixed April 25 as the date for the Court proceeding in any appropriate Bench.
The Senior PP of CBI had filed a counter affidavit against the petition on the day. Counsel of the petitioner prayed before the Court for granting some time for submitting the rejoinder.
It may be mentioned that Dr Ak Jhalajit filed the petition under Section 482 of CrPC for consideration of interim relief and challenging the order passed by the Sessions Court Imphal West on February 14 giving liberty to CBI for further investigation into the July 23, 2009 firing incident. Chungkham Sanjit’s mother Taratombi filed a complaint before the Director, CBI New Delhi on December 28 last year pleading to further investigate the case taking cognizance of the confessional statement made by Head Constable Th Herojit before the media.
Acting on her plea, CBI filed an application prayer in the Sessions Court Imphal West praying for allowing them to further investigate the case.
The Sessions Court on February 14 last passed an order stating that as per the guideline of Supreme Court, a Court of law has the power to direct further investigation if the investigation agency moves the Court for further investigation of the particular case.
The order also stated that Investigation Officer of CBI is at liberty to proceed further investigation of the case under Section 173 (8) of CrPC.
After getting the Court order, IO of CBI summoned Dr Ak Jhalajit for taking his record statement for two consecutive days.
The accused in the case, against whom CBI framed charge sheets and who are facing trial are Y Munal the then OC City police station, Hijam Devendra the then OC Commando Bazar Unit, Head Constable Th Herojit, Rifleman Ngangom Toyaima (8 MR), Constable Wahengbam Bijoy, Havaldar Th Jagat (8 MR), Head Constable O Kesho, Rifleman Md Imran Khan (5 IRB) and Constable Makan Kanchung Chothe.
They were summoned by CBI and their statements were recorded before the petition was filed in High Court of Manipur.
Source: The Sangai Express