Imphal: A sessions court on Wednesday framed charges against former sub-inspector Thokchom Krishnatombi and three others in connection with the alleged fake encounter that killed Major Shimreingam Shaiza and four others on Imphal Airport Road August 29, 1998.
Major Shaiza was the younger brother of former chief minister Yangmasho Shaiza, belonging to the Tangkhul Naga community (a sub-tribe of the Nagas).
The court framed charges against then sub-inspector Krishnatombi of Tabungkhok Makha Leikai, constable Khundongbam Inaobi of Minuthong Kabo Leikai, constable Thangkhongam Lungdim of G. Songgel village, and Md. Akhtar Hussain of Yairipok Tulihal Konjil Leikai under sections 302 (murder), 307 (attempt to murder), 201 (Causing disappearance of evidence of offence), and 34 (criminal act is done by multiple individuals in furtherance of a common intention) of the Indian Penal Code (IPC).
The case was initially registered at Singjamei police station as FIR No. 185(8)1998, based on a complaint by then sub-inspector Th. Krishnatombi. He claimed that a team of Imphal West commandos was operating in the Kwakeithel area, Imphal West, to arrest underground militants. They spotted a suspicious vehicle with a Nagaland registration moving at high speed, and the muzzle of a weapon suspected to be an AK-47 was seen through the vehicle’s window. According to the report, the vehicle ignored police signals to stop and allegedly fired at the police, prompting retaliatory fire.
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Police claimed that in the return fire, five people were injured. Three died on the spot, and two others were taken to the hospital, where one more died. Police also reported finding two AK-47 rifles and magazines inside the car.
However, following a Supreme Court order on July 14, 2017, the Central Bureau of Investigation (CBI) took over the case and formed a Special Investigation Team (SIT). The investigation was also joined by the National Human Rights Commission (NHRC) after a court directive.
The SIT’s probe, along with the report of the Justice C. Upendra Commission of Inquiry, found that the police may have staged the encounter. The report named SI Krishnatombi, SI Rajen, Constable Akhtar Hussain, Inaobi, Lungdim, and Ginkhanlei Vaiphei as responsible for the deaths of Major Shaiza, Rukhoshele, Tosovchu Chakhesang, Kikheto Sema, and H. Budha, and the injury of Thenucho.
Another FIR was also filed on September 5, 1998, based on a complaint by Pemla Shaiza, wife of the late Major. She claimed that her husband and four others — including Thenucho (former Speaker, Nagaland), Tusovihu of Nagaland Police, Kekheto Sema of Nagaland Police, and Rukno Saila, driver of the car — were travelling in the vehicle when they were shot at by the commandos without provocation. The complaint said the attack was a case of cold-blooded murder and that police tried to cover up the crime by staging it as an encounter.
Besides, one civilian, Hidam Budha of Kwakeithel Akham Leikai, also died in the incident due to a stray bullet.
The investigation found evidence suggesting that the rifles found at the scene were planted and that the story of a gunfight was fabricated.
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During the hearing, the CBI’s Special Public Prosecutor requested the court to frame charges, while defence lawyers made no objections. After reviewing the charge sheet and other case materials, the court framed charges under IPC sections 302, 307, 201, and 34 against the four accused.
However, the court noted that the Home Department of Manipur denied prosecution sanction against four other accused — Nongmaithem Rameshwor, Baremon Khamjai, Khundrakpam Ranjeet, and Leitanthem Sharat — who were also then commandos, so the trial cannot proceed against them.
The CBI submitted the charge sheet in June 2020 after completing its investigation.