Imphal: A lieutenant colonel of the army has moved the Manipur high court seeking a directive to the state government to register an FIR regarding recovery of “a huge amount of unaccounted arms and ammunition” at the army detachment in M-Sector in Kanglapat, Imphal West district, in July 2018.
The officer has also sought a court-monitored investigation to ascertain how the cache reached the high security area and remained secretly stored for two years before it was discovered, and has asked that the court prosecute those responsible for it.
Lt. Col. Dharamvir Singh, presently stationed at Pasighat (Arunachal Pradesh), filed the petition at the Manipur high court on the basis of a letter written on July 2, 2018, by Lt. Col R.P. Nanda as the officer-in command at the M-Sector, to the commanding officer Col. Ranjan Singh.
It stated that Lt. Col. Singh, who was the officer commanding of the detachment prior to him, was found in possession of “illegal and unaccounted arms and ammunitions” which were kept in M-Sector, Imphal, since 2016. Nanda’s letter also alleged that a cadre of the armed group United National Liberation Front (UNLF) named Japan and a civilian named Naoba were also residing in the barracks for about six months.
The letter was attached to a special leave petition filed at the Supreme Court by the Union of India challenging the Manipur high court’s interim stay to the army’s attachment order issued to the officer. In February 2019, the SC vacated the interim stay on technical grounds and asked the officer to move to his unit in Pasighat as asked by the army to face an internal enquiry of the allegations levelled against him in Manipur.
In his latest petition to the high court, the officer has contested the contents of Nanda’s letter. He stated that he was arrested on July 1, 2018, at 6 am from the M-Sector, Imphal, where he was serving as the officer commanding, and thereafter taken to Dimapur (Nagaland) without proper handing or taking over of the detachment. On the same day, a huge amount of illegal arms and ammunition was claimed to be recovered from the detachment in his absence.
Also read: How Unregistered Weapons Were Procured for Fake Encounters, Surrender Dramas
Arguing the case this past April 13, his advocate Shreeji Bhavsar said on recovery of the unaccounted arms, an FIR should have been filed at the nearest police station as per the Arms Act, 1959. As per the Act, it is mandatory to inform the magistrate having the jurisdiction of the area or the nearest police police station about any recovery of illegal arms and ammunition and be handed over to the police without delay.
Wondering why an FIR has not been registered even after over eight months have passed since the recovery of the arms, as officially stated by the army to the SC, and the said arms not handed over to the police thereafter or any investigation or arrest done so far, Bhavsar sought a “court monitored impartial investigation done by a special investigation team constituted by the honourable court”.
On July 3, 2018, Lt. Col. Singh’s wife Ranju Singh filed an FIR at an Imphal police station alleging that her husband was taken into custody by the army without a warrant. She also alleged that he was incommunicado since. The two officers who she said had come to take her husband in her presence were “Lt. Col Nanda and Major Rathod”.
Local news reports said the officers were charged under sections 346/365/363/120-B of the IPC and 27 Arms Act for wrongful confinement, kidnapping and criminal conspiracy by using arms. The officers also filed a counter FIR against the wife in a local police station but didn’t disclose in it the recovery of the illegal arms and ammunition.
The wife also held a press conference in Imphal where she stated, “I have been staying at a friend’s place in Imphal out of fear”. Later, a press statement issued by the PRO of IGAR (South) said the officer was in Rangapaphar in Dimapur and was sent there “on the orders of higher authorities.”
The petitioner’s lawyer also asked – since the letter said the recovery of the arms and ammunition was not countersigned by the officer as the then officer commanding – why was it not informed to the higher authorities.
Bhavsar stated that since the total area of the detachment “is about 22,000 sq feet only and at any point of time there are at least 2-3 officers and 15-20 jawans posted in the said detachment, it is impossible for any person to store illegal and unaccounted arms secretly” (for two years). “Therefore, it must be a subject matter of investigation that how many officers and jawans were having knowledge about the the presence of the illegal arms in the barracks and why they have not informed the higher authorities about it.”
Speaking to The Wire, Bhavsar said, “We got to know about the recovery of the illegal arms in a high security area like the M-Sector only from the SC submission. This was because the charges against the officer were not fixed. Our petition has been filed because it is a matter of national security. If such a huge cache of arms was recovered from the barracks, what action was taken? Who was responsible for this security breach?”
“The army detachment is in the middle of Imphal city; it shares a boundary wall with the Governor’s residence. Was it a part of a bigger conspiracy? Law and order and security are state subjects. So what steps did the government take to ascertain how such a cache remained inside an army area for two years? How a civilian and an UNLF militant was staying inside the army area for six months?” he added.
The advocate also pointed out to the court that the SIT constituted by the Supreme Court to deal with 41 cases of extra judicial killings in Manipur “has filed chargesheet in eight cases against state police and the army confirming that the said encounters were in fact extra judicial killings”.
Also read: Manipur Govt Yet to Give Permission to CBI to Prosecute ‘Fake Encounter’ Cases
“In the light of these facts, the recovery of illegal and unaccounted arms and ammunition from the army detachment and not giving its information to the police and non registration of the FIR and not delivered the said illegal arms and ammunition to the police even after the passing of more than eight months creates high doubt and suspicion on the act and conduct of respondent No. 3 (Lt Col R.P. Nanda) and 4 (Colonal Ranjan Singh).”
The SC is hearing a PIL seeking a probe into 1,528 cases of suspected extra judicial killings in the state. So far, the court has sought investigation into 41 cases by a special team of the Central Bureau of Investigation.
After hearing the case on April 13, the Manipur HC issued a notice to the state government on the issue and slated May 13 as the next date of hearing.
