Heirok Murder: Rohit’s brother moves HC against release of accused on bail; seeks CBI probe
Roshan also maintained that the investigation into case shows no progress and no effort has been made by the investigating agency to recover the arms, sticks (dangerous weapons) etc. which were used by the accused
TFM Desk
The elder brother of Ningthoujam Rohit Singh, who was shot dead at his home in Heirok on December 22 in poll-related violence, on Thursday approached the High Court of Manipur pleading for rejection bail granted to six accused. He also filed another petition to the HC seeking transfer of investigation to the Central Bureau of Investigation.
Thoubal Sessions Judge Binny Ngangom had on March 1 granted bail to all the six accused persons — Thokchom Henrik, Laishram Biken Singh, Ningthoujam Panan Singh, Khundongbam Nicky, Thokchom Sanathoi and Thokchom Putro @ Bisworjit Singh — in the murder case. Thokchom Putro is younger brother of sitting MLA of Heirok Assembly constituency Thokchom Radheshyam Singh who is seeking re-election on BJP ticket in the 12th Manipur Legislative Assembly elections.
Challenging order of Thoubal Sessions Judge, Ningthoujam Roshan Singh who is an eyewitness to the incident wherein his younger brother has died and his father was seriously injured due to the shot of the fire arms, told the HC that the matter was heard by the Sessions Judge, Thoubal on 25-02-2022 and fixed for the order on 03-03-2022 the same was also published in various print and electronic media and it is intimated to the all the counsels.
However, to an utter dismay and surprise the order of the said bail application filed by the said 6(six) accused persons has been pronounced by preponing the date on 01-03-2022, he added.
Roshan also said that as per the reports submitted by the investigating authority, the accused persons, who were arrested on December 24, have not been co-operating in the investigation even while they were in police remand for a period of about 11 (eleven) days.
He also mentioned that the prima facie commission of crime is established as claimed by the Investigating Team and the Chief Judicial Magistrate, Thoubal have also turned down the bail application on the earlier occasion.
However, the Sessions Court Thoubal granted the bail to all the six accused persons on 01-03-2022 without taking into account of the parameters and conditions while enlarging an accused on bail on the commission of the heinous like murder, he said.
Mentioning that that the parameters for granting bail in commission of offences where the sentences extend to 10 years, imprisonment for life and death, the court has to strictly adhere to the section 437 (1) of Cr.P.C, Roshan said but in the in the instant case the Sessions Judge, Thoubal has overlooked the said provisions of law and in total violation of the direction given by the apex court in the grant of bail in the category of offences.
He also stated that while granting bail the court overlooks the influential position of the accused in comparison to the victim of abuse or the witnesses especially when there is prima facie misuse of position and power over the victim.
The petitioner stated that accused Thokchom Putro Singh is the younger brother of the sitting MLA Thokchom Radheshyam Singh of Heirok Assembly Constituency. Radheshaym Singh was a Superintendent of Police and voluntarily retired as an IPS and entered into politics, he also served as an education minister in the incumbent Government, he added.
Being a retired IPS officer he is very influential within the Police system/administration and now politically he is more influential. His workers and associates started resorting to violent activities creating fear psychosis amongst the people; however, all such illegal activities went unnoticed by the police personnel deployed in the said area, alleged Roshan. The present accused persons are also habitual offenders and there is another FIR filed against them, he added.
In another petition seeking transfer the investigation for SIT to CBI, Roshan maintained that Radheshaym being an IPS officer he is very influential within the Police system/administration and now politically he is more influential in as much as he was serving as a minister of the state. As such his workers became more powerful, violent under his influence in the constituency, he added.
In the petition, Roshan also maintained that the investigation into case shows no progress and no effort has been made by the investigating agency to recover the arms, sticks (dangerous weapons) etc. which were used by the accused persons despite the confirmation from the medical report that the cause of the death of Rohit and injury of his father was fire arms.
He lamented that when the investigation is at a very initial stage, the accused have been released on bail on the ground of non-recovery of the arms/weapons used in the murder. It has created an unprecedented issue and such alleged investigation of slow pace has loosened the public conscience in as much as there are eyewitnesses to the incident and whose statements have also been recorded, he added.
Stating that consequent to which the possible threat to the society, seriousness of the offence, character of the evidence and the larger interest of the public is totally not assessed, the petitioner argued that investigation is no longer reliable as such the same may be handed over to the CBI.