GUWAHATI, Aug 19?The Gauhati High Court today temporarily dispensed with appearance of Col Jagmohan Singh, the Commandant of 17th Assam Rifles, from appearing before the Commission of Inquiry appointed by Manipur Government on July 12, 2004 to inquire into the killing of Manorama Devi. Justice B K Sarma posted the case on August 27 next on prayer made by Mr Jalaluddin. Advocate appearing for Manipur Government. The High Court however permitted the Commission to record evidence in camera in terms of the Commission?s order dated August 7. The Commission headed by C Upendra Singh. Retired Session Judge had earlier issued summons on August 11 summoning the Assam Rifles Commandant to appear before the Commission. The Commission had also passed order on August 7 rejecting the prayer of the petitioner to hold the Commission proceedings only within ?Kangla Fort? and in camera and not in the present venue ? outside the ?Kangla Fort?.
The Assam Rifles wanted the venue of the Commission of Enquiry to be shifted to within the ?Kangla Fort?, where the Assam Rifles Camp is located purportedly to ensure the safety and security of its personnels who are to appear as witnesses before the Commission. It was contended that the atmosphere in Manipur has been vitiated to such an extent that lives of the Assam Rifles personnel will be endangered if they are forced to appear before the Commission, outside the ?Kangla Fort?.
Appearing for the Assam Rifles Commandant it was argues by A K Phookan, Senior Advocate assisted by Manish Choudhury , R J Phookan, Ms M Jha and S Nath that the Assam Rifles are functioning in Manipur in aid of civil power and the Manipur Government has no authority to constitute an enquiry in a matter pertaining to the Center. It was also argued before Justice B K Sarma, that no sanction under Section 6 of the Armed Forces Special Power Act has been obtained before proceeding against the Assam Rifles personnel and accordingly proceeding is unauthorised.
Earlier before the Enquiry Commission, on August 7 Sri P N Choudhury, the Central Government lawyer had questioned the locus standi of the Commission to proceed against the Assam Rifles Personnel ? which contention was however rejected by the Commission. The reason given by the Commission was that the Commission is only a fact finding body and the question of obtaining sanction before starting the proceedings doesn?t arise.
Considering the adjournment prayer by the Manipur Government lawyer, Justice Sarma fixed the case for Motion hearing on August 27 and also protected the Commandant from being forced to appear before the Commission till the next date.