Nine Manipur policemen acquitted in 2009 BT Road 'fake encounter' case due to lack of evidence

A court of sessions judge in Manipur acquitted nine policemen, who were accused of killing a former militant in an alleged fake encounter case in the state capital Imphal in July 2009, citing lack of evidence and prosecution sanctions.

A firing incident on BT Road on July 23, 2009, took the lives of a pregnant lady, Rabina Devi and a youth, Chungkham Sanjit Meitei, a former cadre of an insurgent group. At least five others were also injured in the firing that took place amid a session of the Manipur Assembly.

The acquitted accused included Herojit Singh, a head constable of Manipur police.

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The incident triggered outrage in Manipur as Sanjit's mother, Chungkham Taratombi Devi alleged that her son was murdered by the policemen in a fake encounter case. The case was later handed over to the CBI by the Imphal bench of Gauhati High Court in December 2009. Investigations said that Meitei was dragged into a nearby pharmacy where he was shot dead. The lady died in the crossfire.

Taratombi Devi lodged a police complaint after news magazine Tehelka published a series of photographs and a news report on August 8, 2009, claiming that Sanjit was murdered in a fake encounter case. The defence argued that Sanjit was killed in an exchange of fire which occurred after the youth allegedly fired at the police team, who put up a frisking drive due to the ongoing session of the Assembly.

The Judge, Tonen Singh, while acquitting the nine accused on Wednesday observed that the prosecution failed to prove the photographs published in the magazine were genuine by not producing the required certificate provided under Section 65B(4) of the Indian Evidence Act. "At the same time, the exhibits are photostat copies of the photographs published in the Tehelka magazine, the same are not admissible under the law unless it is proved by producing primary evidence."

"Since the photographs are not admissible in the eye of the law, there is no other convincing oral or documentary evidence in order to show all the accused persons acted in excess while discharging their official duties," the court said.

The judge further said a prosecution sanction was necessary under Section 197 of Cr. P.C. in order to assess all circumstances and oral evidence regarding the question of whether the accused persons acted in excess of their discharging official duties. "Due to want of prosecution sanction under section 197 Cr.P.C. and due to lack of Certificate required under section 65B (4) of the Indian Evidence Act, all the accused persons are hereby acquitted from the present case," said the judgement.