The killing of Thopchao is one of the 39 incidents being investigated by the CBI out of the 1528 cases being submitted to the Supreme Court by the EEFVAM and HRA. The CBI submitted its closure report to CJM Thoubal on March 13, 2019 on the ground of want of evidence.
Extrajudicial Execution Victim Families’ Association, Manipur (EEVFAM) has welcomed the order of the Chief Judicial Magistrate, Thoubal (CJM-TBL) dated April 7, 2022 directing the SIT/CBI to conduct further investigation, for the second time, on the extrajudicial killing of (Late) Ningthoujam Thopchao of Nongpok Sekmai on February 1, 2007 by personnel of 72 Bn BSF.
According to a release issued by Renu Takhellambam, President, EEVFAM, the operative paragraph of the order reads as follows:
… investigation has not been done properly and completely and hence it would be proper to send down this case for further investigation to extract/collect further investigation/ materials. Further it is pertinent to mention here that the duty of the investigating agency is to gather evidence and it is for the court to appreciate the evidence placed before it.
In the result the prayer for the acceptance of this closure report is hereby rejected. The 10 is directed to further investigate the case and submit the report thereof.
It may be noted the killing of Thopchao is one of the 39 incidents being investigated by the CBI out of the 1528 cases being submitted to the Supreme Court by the EEFVAM and HRA. The CBI submitted its closure report to CJM-TBL on 13.3.2019 on the ground of want of evidence. A protest petition was filed by EEFVAM and wife of deceased Ningthoujam Ongbi Sunibala to the CJM TBL December 30, 2019.
CBI filed the second closure report on 24.3.2021 stating that “no sufficient evidence has come on record to establish beyond doubt that the alleged BSF personnel acted with any malafide intention, which resulted in the death of deceased (L) Ninghtoujam Thopchao Singh.”
Advocate N. Subhaschandra counsel of the EEVFAM and Sunibala filed a second protest petition praying for rejecting the closure report for the second time; for directing the 01 for further investigation of the case and for making charge against the accused; for taking cognizance of the offence leveled against the accused persons. We are happy that CJM-TBL has passe this favourable order.