Imphal: Central Bureau of Investigation SCB-III New Delhi has submitted its final report under section 173 CrPC before the court of Chief Judicial Magistrate Imphal West on Wednesday in connection with the June 18, 2001 incident as sufficient admissible evidence has not come on record during investigation to launch prosecution against the alleged security personnel of CRPF.
Mention may be made that on June 18, 2001 at least 14 persons was killed and more than 50 persons were injured in police firing of CRPF personnel deployed at Chief Minister Bunglow after a large scale riot break out in Imphal and tried to stormed CM Bunglow that day against the extension of cease fire between the government of India and NSCN-IM into the territory of Manipur.
A month later on July 14 judicial inquiry was instead to probe instituted into June 18 incident and the inquiry was headed by retired session Judge C Upendra
The investigation of the case was taken up by CBI SCB-III New Delhi as per the direction of Supreme Court of India in connection with the writ petition 129/ 2012 filed by Extra Judicial victim families association.
The Supreme Court had ordered CBI to set up a Special Investigation team of Police from outside the State of Manipur to investigate cases and as per the direction Director CBI Nominate a group of five officers to through the records of the cases and lodge necessary FIRs and complete the Investigation.
On 30 January, 2018 a case was registered by CBI SCB III New Delhi under section 147/149/353/427/188 IPC, 3 / 4 PDDP and 7 CLA act by taking over FIR number 128 (^) 2001 City Police Station in respect of death of Amom Rajen and others.
Another FIR dated 5 December, 2018 under section 302 r/w 34IPC was registered by CBI based on the report of justice C Upendra sing commission of Inquiry that the CRPF personnel had no right to continued firing after the agitators/ members of crowd started to run and dispersed from the place of occurrence.
Submitted final/ closure report of CBI mentioned that investigation revealed that two FIRs were registered in connection with the death of 14 persons on June 18, 2001 one by City Police Station and another by Imphal Police Station.
The FIR registered by City Police Station was in connection with the incident at Southern Gate of Raj Bhavan and FIR registered by Imphal Police was in connection with firing incident at Chief Minister Bungalow complex.
During the CBI investigation relatives of the deceased were examined but most of them couldn’t tell exactly about the movements and activities of the deceased on the day of the incident. Although some of them admitted that on June 18 their relatives were part of the mass rally against agreement between NSCN-IM and Government of India.
As regard to FIR lodge by Imphal Police Station in connection with the case then OC K Bobby produced the available records of the case were seized by CBI vide a separate seizure memo on December 13, 20018. However expect FIR, complaint, few seizure memo, dead body receipt, arrest memo, case diaries, statement of witness Etc, many other important original document including inquest report, post mortem report, sketch map, seized article, Final report filed in the court and the final report order of the Court on the said Final/ closer report were not made available along with the record.
The scrutiny of the available case record of Imphal Police Station reveals that no arms and ammunition were seized by local police nor any of the seized articles were produced before the CBI/ SIT at the time of handing over the case record.
Submitted final report of CBI mention that FIR lodge by then Sub Inspector of City Police mention that on June 18 at around 1.40 pm an information was received that an unruly mob approaching from different side toward Imphal area number 3000/4000 including both male and female assemble in front of Raj Bhavan protesting against the extension of cease fire extension of NSCN –IM without territorial limit framework.
When the unruly mob tried to enter the Raj Bhavan complex the executive magistrate on duty on that day requested using a loudspeaker to disperse the crowd. However the mob failed to comply with the lawful order of executive magistrate, thereby obstructing the police personnel discharging their duties and since the situation became tense and not in a position to control the crowd, the executive magistrate on duty at the spot issue a written order to disperse the mob by using minimum force and accordingly the mob was dispersed by using minimum force and by opening fire in the blank in the air.
The case docket in the custody of City Police Station could not be traced out as it has been misplaced since the shifting of the Police station to the new building in 2009.
A prayer was made before the court of JMIC Imphal West I to trace out the original record and the court authorities intimated that the record is untraced. Neither any relevant record in connection with the FIR could not be found as the case is more than 15 years old and the low infrastructure of the record room, limited staff and multiple shifting of the courtroom for construction.
The CBI final/closer also mention that from the revelations of the witnesses nothing could be clearly concluded about the exact point/ place where the dead bodies were found, the particular persons of the security personnel who had fired at and the details of the bullets fired.
The line of defense of the alleged accused CRPF personnel could not be rebutted as most of the relevant documents have been found untraceable on unavailable and no witness could confirm it as to exactly who fired at whom and the overall circumstances was so volatile that the firing by security personnel seemed to be unavoidable to save the Government establishment and lives of those peoples inside there from further worsening.
During the investigation, most of the vital records and witnesses could not be produced by local police/ CRPF due to non availability or weeding out of records and expiry of some witnesses being a span of almost two decades have passed.
The CBI report also mentions that from the evidence (oral and documents) collected during the investigation. It seems that the firing by the security personnel might not have been avoided in defense of the Government properties and officials against the huge numbers of unruly, violent, agitating mob protesting against ceasefire agreement through the deaths of some human beings have always been a sad and unwanted incident.
In view of facts and circumstance sufficient admissible evidence has not come on record during the investigation to launch prosecution against the alleged security personnel of CGPF and it is clear that in the instant case, the circumstance from which the conclusion of guilty beyond the reasonable doubt is to be drawn could not be established during the course of investigation as per the requirement of the law.
Considering the fact and circumstances of the case coupled with the evidence adduced during the course of investigation, the close report is being filed for want of evidence and prays to accept the close report filed by CBI and prays necessary order for returning, case record and exhibits to concern local police and concerned persons.