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Judgment
R.S., CJ
[1] The prayers in the PIL are as follows:-
"i.Issue a writ in the nature of mandamus or any other appropriate writ of the like nature for a direction to the official respondents to complete the investigation within certain stipulated period in view of the FIR being FIR NO 51(7) 2018 MRH-PS U/S 307/400/34 IPC,25(I-C) A. ACT & 2/4 EXPL. SUBS. ACT registered against Shri PS. Haokip, President, KNA/KNO and Shri Thangboi Haokip @ Thapi, Self Styly Commnader, Moreh, KNA/KNO arising out of the sou moto case taken up by the Officer-in-charge, Moreh Police Station, Moreh in connection with the firing incident occurred at the house of Shri Thongminlun Haokip, President, Thadou Students Association and arrest both the accused persons and other associates within certain stipulated period and further direct to complete the investigation in connection with the said FIR coupled with a prayer to seize the guns and other weapons used by the said 2 (two) accused persons along with their associates for violation of the Ground Rule No. 4 of the Suspension of Operation on the said day i.e. 13/7/2018 at about 1:50 a.m. and also further direct to hand over the said case either to the National Investigation Agency (NIA)or Central Bureau of Investigation (CBI) so as to enable to investigate the matter in a very free and fair manner;
ii. Further direct the official respondents more particularly the Respondent No. 1,2,& 3 to monitor the investigation of the said case being FIR NO 51(7) 2018 MRH-PS U/S 307/400/34 IPC,25(I-C) A. ACT & 2/4 EXPL. SUBS. ACT till the investigation is completed either by the NIA or CBI."
[2] The incident which resulted in registering the suo moto FIR is that on 13 August, 2018, some unknown miscreants opened fire on a house in Ward Number 2, Moreh. No individual was injured, however, the unknown miscreants managed to cause damage to civilian property and the likely aim of the firing is to create commotion.
[3] Ms. M.C.Linthoingambee, learned counsel argued the matter on behalf of the Mr.N.Jotendro, senior counsel. Mr. P.Tamphamani, Government Advocate appears for the State respondents and Mr.I.Somorjit, learned counsel appears on behalf of the Mr. S.Samarjeet, learned ASG for the Union respondents. Heard the respective counsels.
[4] The facts leading to the present case are that on
"3.1 On 13.07.2018 at around at 02.15 a.m. OC-Moreh Police Station received information that on the same day at about 01.50 a.m. some unknown armed persons fired several rounds as well as lathode bombs at the residence of Mr. Paokhogin Haokip (42 years), S/o (L) Onkholet Haokip of Gamnom Veng, Moreh Ward No.2, Tengnoupal District, Manipur.
3.2 Immediately police parties of Moreh Police Station, CDO teams attached at Moreh led by Shri Sandip Gopaldas Mohurle, IPS, SDPO Moreh along with Shri Thomas Thockchom, MPS, DSP/ CDO, Moreh and Inspt. Letkhohao Vaiphei, Officer in-charge Moreh Police Station accompanies by and 11 AR personal rushed to the spot.
3.3 After reaching the spot, combined team cordoned the area and conducted search in neighbouring houses of Paokhogin Haokip and his house. In the seach, different types of empty cases, Charger, Pellet and live round of M-16 were seized from the spot. During the search, 2 unexploded lathode bombs were found lying inside the house and campus respectively. In the meantime, OC- Moreh Police Station informed the bomb squad team of CID (Tech), Imphal for disposal of lethode bombs.
Hence, a suo-motto case under FIR NO.51(7)2018 MRH-PS U/S 307/400/34 IPC, 25 (I-C) A. Act & 3/4 Expl. Sub. Act had been registered by OC-Moreh Police Station for investigation. And the case was endorsed to SI, Kaiminthang Tungnung for investigation."
Alleging that the accused persons, who are the office bearers of the underground groups, have committed damage to properties and created fears amongst the people of that area and since the nature of the offence alleged and damage caused to various sections of the people, there is a prayer to refer the case to National Investigating Agency (NIA) or Central Bureau of Investigation (CBI).
[5] The PIL was moved on 20.8.2018. We called upon the learned Advocate General to get instruction in the matter and was adjourned to 13.9.2018. Again, learned Government Advocate sought some time till 22.10.2018 and in the meanwhile, a reply affidavit has been filed by the respondent No.1, 2, 4, 5 and 6 on 28.01.2019 wherein facts as narrated earlier has been stated. In addition to that, it is stated by the Commandant, 43 Assam Rifles , Moreh that the incident took place near the porous Indo-Myanmar border and they have reason to believe that the accused may have crossed-over to the Myanmar territory. The Commandant, 43 Assam Rifles also states that a joint team of Moreh Police, Police Commandos and 11 Assam Rifles were formed and they are combing the entire area to nab the miscreants responsible for the dreadful act. It is stated by the Commandant that the entire team of law enforcement agencies is toiling day and night to maintain peace and tranquility in Moreh and nearby areas. The Commandant also informs the Court through the Affidavit that a combined search and seizure by all law enforcement agencies has resulted in recovery of contraband, narcotics and other prohibited items. He emphasized that search and combing operations is still continuing without any restraint. We record such statement of Col. Sumit Sood, Commandant, 43 Assam Rifles, Moreh in its affidavit dated 28.01.2019.
[6] As far as respondent Nos. 8 to 12, the Director General of Police, Manipur, the Deputy Inspector General of Police (Intelligence),
Manipur, Police Head Quarter, the Superintendent of Police, Tengnopal District, the Officer-in-Charge, Moreh Police Station, Moreh, the Investigating Officer, Moreh police station are concerned, they have filed an affidavit on 11.3.2019 and they have clearly narrated the facts which have been recorded in para No.3, 3.1, 3.2, 3.3, which have been already extracted. In addition to that, in para No.4 of the said affidavit dated 11.3.2019, they have stated the details of the arms and ammunitions secured from around the area/house where the incident took place. Unexploded bombs were diffused in the presence of the Superintendent Police, Tengnoupal. They have also inspected the room occupied by 4-5 cadres of UKLF located on the first floor of the house of Mr. Paokhogin Haokip (43 years) and in the search and seizure proceeding dated 13.7.2018, several camouflage garments with the name UKLF emblem and logo were found. In para No.6 of the affidavit, details of various combing operations taken have been spelt out. The details of damages caused to various households have been stated in para No.7. In para No.8 of the said affidavit, it is stated that Officer is doing his best to record statements from various persons and due to absence of a few, it is taking some time. Summons were issued to witnesses. Some of the persons summoned appeared before the Officer-in-Charge of the Police Station. Statements have been recorded on 26.8.2018, 28.8.2018, 29.8.2018. The leaders of the KNA, namely, Mr. P.S. Haokip, President, KNA/KNO of B.Vengnom Churachanpur and Mr. Thangboi Hoakip @ Thahpi, S/S Commander, Moreh, KNA appeared before the police station on 7.9.2018. On 13.9.2018, the Investigation Officer deposited case exhibits for expert opinion. On 09.10.2018, the Investigation Officer sent summons to the President/ General Secretary/ Vice President, Hill Tribes Council and their statements were recorded on 11.10.2018.
[7] On 16.10.2018, summon was sent to the Town Commander, UKLF and further steps were taken on various dates, namely, on 17.10.2018, 19.11.2018, 20.11.2018 and 22.11.2018. It is further stated by the official respondents that steps are being taken to examine various other witnesses to get the identity of the accused and therefore, when the investigation is in progress, there is no need for handing over the case to the National Investigation Agency or Central Bureau of Investigation as pleaded. On this premises, Mr. P.Tamphamani, learned counsel appearing for the learned Advocate General and Mr. I.Somorjit, learned counsel junior to Mr. S.Samarjeet, learned ASG vehemently argued for the State and Union respondents respectively. They both pleaded that since the investigation is at an early stage, some leverage should be given to the Investigation Officer to complete the investigation and since the matter involves two underground groups, they are proceeding cautiously and carefully and at the same time giving protection to the people by conducting combing operation time and again.
[8] We have perused the reply affidavits filed by the respondents No. 1, 2, 4, 5 and 6 represented by Mr. I.Somorjit and the respondent Nos. 8 to 12 by Mr. P.Tamphamani,learned counsel and we are satisfied with the progress of the investigation. We call upon the police authorities to take the aid and assistance of the respondents No. 1, 2, 4, 5 and 6 as well as other witnesses to conclude the investigation at an early date and secure the offender so as to deal with as per law.
[8] With the above, the PIL stands disposed of.