IMPHAL, May 19: Session Judge Imphal West allowed an application filed by CBI/SIT on May 15, praying for allowing the Investigating Officer (IO) of CBI to seize a 9 mm pistol along with magazine, in line with an investigation taken up by the CBI concerning the death of one Ningthoujam Khaiba in an alleged encounter on November 13, 2006.
The said pistol, has been in custody of City PS, in connection with the ongoing trial of the July 23, 2009 BT road firing incident as it was used by one of the charge sheeted police personnel charged in the said case.
On May 15, while the hearing of the July 23 case was underway, the Sub Inspector of CBI New Delhi, filed an application through the Special PP CBI, to the Court to allow him to seize the 9 mm pistol and magazine, which are kept in the Malkhana of City PS. The CBI counsel submitted that as per the Supreme Court order pertaining to the death of Ningthoujam Khaiba on November 13, 2006, the case was handed over to CBI and a case was registered by CBI for necessary investigation.
It was mentioned that the said pistol was used by a member of the commando team in the encounter concerning Khaiba and the same weapon (along with magazine) was seized in connection with the July 23 incident.
After hearing the submission and going through the case records, the Court opined that allowing the prayer of the IO will ensure proper investigation of the case and as such, allowed the IO to take custody of the pistol which is in custody of City PS.
The Court also directed the OC of City PS to hand over the pistol and magazine to the IO of CBI in connection with the encounter case of Ningthoujam Khaiba.
It may be mentioned that Ningthoujam Khaiba alias Binoy of Keirenphabi, was reportedly gunned down by Imphal West commando on November 13, 2006, a few hours after he was released from Sajiwa Central Jail.
He had been lodged in the jail under NSA after he was arrested by police from near Oinam Dam, Mayai Lambi, in October of 2005.
At the time, the family members of N Khaiba had alleged that a team of commando personnel stopped their vehicle near NG Mani College and shot dead Khaiba who was on his way home.