A double bench of Justice Laxmi Kanta Mohapatra and Kh Nobin Singh has re-scheduled to discuss the Writ Petition filed by Chungkham Taratombi Leima, mother of Ch Sanjit Meitei, who was killed reportedly by Manipur Police Commando on 23rd July 2009 at B.T. Road, here. The hearing is scheduled on February 26.
In response to the petition filed by mother of Sanjit, today the bench said that since the hearing of BT Road fake encounter case is undergoing at other Court, it is needed to check whether it is possible to conduct hearing on the same case simultaneously at the High Court; the Court needs to find out feasibilities to hear the case from the Supreme Court of India.
Following the confession of made by Thounaojam Herojit Singh, one of the accused in the case, the petitioner, in her prayer submitted to the High Court of Manipur demanded a fresh investigation into the case.
She further submitted that Article 21 of the Constitution of India guarantees fair trial. A fair trial is impossible if there is no fair investigation. In order to be a fair investigation, the investigation must be conducted thoroughly, without bias or prejudice, without any ulterior motive and every fact, surfacing during the course of investigation, which may have a bearing on the outcome of the investigation and, eventually, on the trial, must be recorded contemporaneously by the Investigating Officer at the time of investigation.
However, in the present case the Central Bureau of Investigation (CBI) miserably failed to cause further investigation to ascertain the correctness of the fresh disclosure made by Thounaojam Herojit Singh that he killed Chungkham Sanjit Meitei as ordered by his superior officer, reads the petition.
Further it also said that respondents have had failed to give any reasoned grounds of their failure to cause further investigation based on the fresh disclosure made by Shri Thounaojam Herojit Singh.