‘Difficult to believe 20 personnel could not have overpowered rather than killed him’

April 4,2009 Manipur Police,Assam Rifles

Forces version

Manipur Police commandos received a reliable input about persons suspected to be members of a valley-based terrorist organisation at the Games Village,Langol area. A team assisted by Assam Rifles personnel rushed to the area where,on seeing their vehicles,four or five armed militants started firing with sophisticated weapons. The forces fired in retaliation,leading to a seven-minute encounter in which two of the armed militants were killed while two others escaped. Arms and ammunition were recovered.

Commissions findings

The forces had straightaway started their movements relying on information that was not specific,which creates enough suspicion as to the receipt of the information itself.

In spite of heavy firing,no damage was caused to any of the forces vehicles.

The medical evidence clearly indicates that the intention of the security forces was not to disable and arrest the suspects but to eliminate them.

Gobind Meitei had no established criminal antecedents except that he was suspected to be a KCP UG activist while Nobo Meitei had a case registered under UAPA as far back as 2001; this case too had been closed in 2002. Therefore,it is highly improbable that these two victims were people who were involved in any unlawful activities at the time when the incident took place.

Forces version

Manipur Police received information from Assam Rifles about movement of underground cadres of PULF in Phoubakchao,Sekmaijin,with an intention of extorting money and attacking security forces. When they reached the spot (a house),they saw two youths fleeing,who fired at the security forces,who fired in self-defence. Azad Khan was killed,while the other person escaped. A 9mm pistol and ammunition was found.

Commissions findings

Neither the commander leading the two forces nor the personnel knew the actual identity of the persons or were familiar with the faces of the suspects.

Witnesses said there were two youths running away from a house that was actually that of the deceased. Hence,the fact that the deceased was in his house when the commandos first saw him and was not involved in any extorting of money at that time is established.

Security forces went straight to the house of the deceased. This indicates they were aware of the whereabouts of the deceased.

It is extremely difficult to believe that nearly 20 trained security personnel equipped with sophisticated weapons could not have overpowered/disabled the victim,rather than killed him.

The postmortem report shows the deceased had suffered four bullet injuries,which entered from the rear and exited from the front of the body. The victim was shot from behind from a range beyond 2.5 ft.

The security team failed to apprehend the second youth who was with the deceased. This belies the version that such a person was in fact present at the spot.

The force used by the security forces 20 personnel for two people was wholly disproportionate or much greater than necessary for their

protection.

Forces version

Forces received information about members of an outlawed terrorist organisation loitering in Iroisemba area with the intention of committing prejudicial activities. A team rushed to the area and frisked and checked people,when two or three youths came from the opposite side in a suspicious manner. When asked to stop,they started firing,to which the police team retaliated. In the firing that lasted for around five minutes,Priyobrata was killed. Arms and ammunition were recovered.

Commissions findings

According to the postmortem report,the deceased suffered four firearm injuries,a contusion on the face and another abrasion on the left elbow. Assuming the deceased was a member of an outlawed organisation,the commission finds the force used by a large body of trained commandos causing multiple fatal injuries disproportionate to the need of the situation. The object of the forces was to eliminate him and not merely disable him.

The contusion on the face could have been caused by a blunt object,and the incident is not an encounter but one in which the security forces had enough opportunity to cause a facial injury by blunt weapons before he died.

Forces version

On receiving information about armed cadres moving on an Activa scooter in and around Tharoijam and Taothong Makha Leikai,police went to the spot. They spotted a youth on an Activa who tried to speed away but lost his balance and fell. He opened fire and they retaliated,leading to an encounter in which the youth died. A .32 pistol with two live rounds and an empty case was found.

Commissions findings

Surprising that five armed commandos could not overpower one scooterist or prevent him from running away.

The single cartridge recovered was not even sent for forensic tests. In contrast to the single shot that was allegedly fired by the victim,there are 10 bullet injuries on his body. Doctors description of injuries indicates an intention to kill.

The injuries could not have been caused by a fall from the scooter,but were more probably caused by blows from a hard/blunt object.

No explanation why the postmortem was not conducted for three days after the incident.

Forces version

Forces received information about the movement of underground elements between two villages,following which they decided to lay an ambush. Two youths were coming down from the hill,but did not stop when asked to. The two started firing at the forces,who then retaliated; Elangbam Kiranjit died while the other escaped. Arms and ammunition were seized.

Commissions findings

According to the postmortem report,the victim suffered 10 wounds,of which nine were firearm injuries and the tenth was a lacerated wound. Since the injuries suffered were on all sides of body,it shows that firing had taken place from all sides.

There were 30 security personnel against two.

The question remains whether the injuries caused were necessary to be caused to disable a suspected underground activist. The injuries were far in excess of the right of private defence.

Forces version

Forces received information about underground elements having taken shelter between Seijan and Sailen villages to abduct for ransom and ambush security forces. Forces rushed to the area and saw two individuals moving suspiciously and who,on being challenged,opened fire. The forces retaliated,leading to a five-minute encounter; one youth died and the other escaped. A 9mm pistol with a magazine with two live rounds and three empty cases were recovered.

Commissions findings

While his antecedents show the deceased was a member of the banned KYKL,the number and nature of injuries are enough to discount the theory of private defence.

Five gunshot wounds in the rear,one on the right side,could not have been inflicted if he was facing the forces.