New Delhi: At least seven cases of alleged “fake encounters” are pending with the Manipur state government which is yet to reply to the CBI on whether the investigating agency can prosecute these cases.The Wire has a copy of a letter from the CBI written to the chief secretary of Manipur on December 18, 2018. In this letter, the investigating agency has listed seven cases which are awaiting the state government’s sanction to prosecute.This delay slows down the public interest litigation filed by survivors of “fake encounters” in Manipur in 2012. That year, they petitioned the Supreme Court to order probes into at least 1,528 cases of alleged extra-judicial killings. In 2016, the court ordered that allegations of excessive forces by the Indian armed forces must be investigated.Also read: In Manipur Fake Encounter Cases, CBI Chases ‘Unknown Persons’ of Known IdentityThe letter to Manipur’s chief secretary pertains to cases registered with the CBI in February and March 2018.Now, 12 months since they were registered, the state government is neither giving nor denying permission to the CBI to prosecute. Thus, the cases are not able to proceed.CBI letterCBI letterOne case has been disposed offOne of the 1,528 cases of “fake encounters” in Manipur – which the apex court has ordered a probe into – has been disposed off by a local court in Manipur.The reason cited by the chief judicial magistrate in Thoubal, Manipur is that the state government did not respond to requests for permission to prosecute.This case pertains to the death of Athokpam Angousana Meitei, who was allegedly arrested by Thoubal District Commandos on February 27, 2011 at around 5 pm. That night, he was “seriously beaten” by the commandos and died the next morning, according to the FIR.A district court had previously ruled that he died due to the injuries sustained during police custody. This was order was upheld by the Manipur high court too.An extract of FIR registered by the CBI on March 16, 2018The CBI, which is investigating this case on the Supreme Court’s order, filed a chargesheet about six months ago against a constable of the Manipur police. They then wrote to the chief secretary of Manipur, asking for sanction to prosecute.Also read: Sorting Through the Paper Trail of Fake Encounters in ManipurThe main accused in this case is a constable of the Manipur police. Under Section 197 of the Code of Criminal Procedure, “previous sanction” of the Manipur government is required to prosecute a Manipur police personnel who is accused of a crime “in the discharge of his official duty.”But the petitioners are arguing in court that the “Offence of murder can’t be a part of discharging official duty under any circumstances,” said a lawyer representing the petitioners. Thus, they hold that the permission of the state government may not be necessary and it is anyway causing a hindrance to the process here.Court orderThe CBI’s investigating officer told the magistrate that he has sent several letters requesting the Manipur government for sanction to prosecute. One letter was sent on December 18 and another on February 21.The investigating officer requested the court for additional time to receive this prosecution sanction. The chief judicial magistrate, however, declined the request.This disposal has not been the case with other magistrates. One source said that magistrates in Imphal East and Imphal West have taken cognisance of other cases of “fake encounters” even though the state government has been silent on the prosecution.The Wire has contacted the chief secretary’s office in the government of Manipur and will update this report if there is a reply.
