Fake encounter case against Army Vice-Chief dismissed after petitioner withdraws

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IMPHAL, May 5: The fake encounter case against the Vice-Chief of Army, Lt Gen Dalbir Singh Suhag, in the High Court of Manipur was dismissed after the petetioner withdrew the case on grounds of jurisdiction.

Briefing the media at the Manipur High Court, advocate Khaidem Mani, counsel of the petitioner, Phijam Manikumar, said: “As the jurisdiction of the case comes under the Dimapur and Assam area, the case has to be withdrawn from the Manipur High Court.”

“On March 10, 2010, three youths were killed. Their lifeless bodies were found with bullet marks in Assam after they were killed near Dimapur. They were arrested from Dimapur. Phijam Naobi, son of Gulamjit from Thangmeiband Hijam Dewan Leikai was among the three killed,” he said.

Naobi’s brother, Phijam Manikumar has filed a petition in the Manipur High Court that the area of operation belongs to the 3 Corps which includes Manipur.

The respondents in the case are Union of India, State of Manipur, 3 Corps of the Indian Army head quartered in Dimapur, Lt Gen Dalbir Singh Suhag, the then general officer commanding of the 3 Corps who is now a Vice-Chief of the Army staff, and Colonel Govin Dan Shrikumar, the officer-in- command of the Intelligence Unit of the 3 Corps army head quarter.

The court was not satisfied with the case and after consulting with the petitioner, we took the decision of withdrawing the case after the motion hearing of the Court today. We are prepared to file the same case in a Court having jurisdiction over the place of incident whether be it in Guwahati, Dimapur or at the Gauhati High Court directly, the senior counsel added.

Today’s case was listed on the division bench of acting Chief Justice Laxmi Kanta Mohapatra and Justice N Kotiswar.

Vice-Chief of Army Lt Gen Dalbir Singh Suhag, the then General Officer Commanding (GOC) of 3 Corps was responsible for counter insurgency operations in Manipur, Nagaland and some parts of Assam. Three suspected members of underground groups were allegedly picked up by the intelligence and surveillance unit of the Ranga Pahar based three corps and killed on the midnight of 13th March, 2010.

Meanwhile, advocate Amarjit  Naorem representing the respondents said the case has been dismissed after the petitioner and his counsel withdrew the case after being unable to convince the court.

They claimed that the abduction took place on the intervening night of 13 and 14 March, 2010 but on their affidavit, it was written as March 10, 2010, he said.

During the incident, Lt Gen Dalbir Singh Suhag was posted at Delhi as a Major General.  He only arrived as a Lt Gen on 16th April, 2011, one year after the incident, he said.

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