The HC ruling came after the government submitted that draft chargesheet along with all the original documents, such as, original seizure records, material exhibits, case diaries, statements of the accused and witnesses, etc are missing since 2002.
TFM Report
The High Court of Manipur has quashed an FIR registered 27 years ago against MLA Kh Joykishan and three others for allegedly waging war against the nation and taking part in unlawful activities to the detrimental to nation’s unity
The HC ruling came after the government submitted that draft chargesheet along with all the original documents, such as, original seizure records, material exhibits, case diaries, statements of the accused and witnesses, etc are missing since 2002.
Joykishan and others were arrested in 1996 with a large number of incriminating documents were seized from their possession. “Such materials were sufficient to press charge of waging war against the nation and taking part in unlawful activities to the detrimental to nation’s unity,” said the high court. “In absence of these original documents, trial cannot be proceeded and that too in absence of any prosecution sanction. It is stated in the affidavit that the submission of chargesheet will be possible only when the record is traced out,” it added.
Joykishan approached the HC in 2022 for quashing the FIR against as authority could not file a charge sheet. against him till date even after 26 years of lodging the FIR. “After the registration of the FIR and in the investigation done so far till date, the I.O. could not collect sufficient materials in support of the accusation made in the FIR and that a bare perusal of the FIR does not reveal a cognizable offence against the petitioner and as such the impugned FIR be quashed” he said in his petition.
In the circumstances that all the original documents and records are missing and there is a delay of 27 years without any explanation, the HC said it considered opinion that keeping the FIR further will be nothing a harassment to the MLA. Since the complete case record is missing for more than 11 long years without any possibility of being traced, the FIR No. 07(01)1996 IPS under Sections 121/121-A IPC and Section 13 UAP Act and all incidental proceedings are quashed against the MLA and other co-accused persons, it added.
Joykishan and other co-accused were arrested during a raid carried out at the house of one Laimayum Nabakishwar Sharma of Mahabali, Imphal East in 1996. The arrested were identified as (1) Ningombam Nabachandra Singh @ Nabamacha @ Yaiphaba, 35 years, S/O N. Iboyaima Singh of Thangmeiband Lourung Purel Leikai, (2) Khumukcham Kisan @ Joykisan Singh @ Theko, 32 yrs. S/O Kh. Ingocha Singh of Khoyathong Polem Leikai, (3) Laimayum Indrajit Sharma, 26 yrs. S/O L. Imo Sharma of Loklaobung and (4) Laimayum Nabakishwor Sharma, 27 yrs. S/O L. Nodia Sharma of Mahabali Mamang Leikai.
According to police, Nabachandra was self-style Secretary (Home) and i/c of Finance of the proscribed organisation PREPAK. Other arrested were working under him as hard-core activists of the said PREPAK. A regular case under FIR. No.7 (1) 1996 IPS U/S 121/121-A, 13 UA (P) Act was registered at Imphal police station against them.