The court of Session Judge, Imphal West on Monday denied the pre arrest bail application filed by the DESAM office bearer who has remained at large since the recent incident of assaulting a teacher.
DESAM finance secretary Birjit Singh, who is the main accused according to the police report, has approached the court through his counsel for anticipatory bail.
His counsel before the court submitted that the teachers of Birahari College approached DESAM for settling disputes amongst the teachers of the college and the same were settled amicably. However, one Sitaljit later lodged a false report against DESAM at Singjamei Police Station, the counsel stated.
It was submitted that the charge under Section 307 IPC is not made out and prayed that the interim bail may be made absolute as the petitioner has appeared before the police.
The additional public prosecutor submitted that the police have so far arrested five office bearers of DESAM and they are currently in judicial custody. It was submitted, the investigation has revealed that the petitioner and other arrested accused persons (office bearers of DESAM) have called Ningombam Sitaljit Singh (complainant) at the head office of DESAM, Kwakeithel and assaulted and wrongfully detained Sitaljit against his will at the head office of DESAM.
The additional public prosecutor also submitted that the investigation of the case is at an early stage and there are many contradictions in the statements given by the other accused persons. Pointing out that the custodial interrogation of the accused is much needed, the additional public prosecutor prayed to reject the bail application in the interest of investigation and justice.
According to the police report, on September 21 at 6:40 pm, one Ningombam Sitaljit Singh, 52, son of (L) N Nilamani Singh, Singjamei Waikhom Leikai lodged a written report to OC, Singjamei police station that on the same day at about 8 am, as requested by DESAM finance secretary Birjit Singh, he along with lecturer Thangjam Tejkumar Singh of Birahari College, Khundrakpam went to DESAM head office located at Kwakeithel.
As per the report, they went to the office of DESAM but Tejkumar was not allowed by Birjit, and he was interrogated till 9.30 am regarding his appointment order and joining report as a lecturer. Afterwards, he along with Tejkumar went to Singjamei Urban Health Centre for vaccination of his child.
The report stated that at about 10:30 am, he along with Tejkumar went to DESAM Head Office again as requested by Birjit.
“On reaching the DESAM office, he saw Ng Ekashini Devi and I Kunjabati Devi inside the office. Tejkumar was not allowed to enter the office. In presence of Ekashini and Kunjabati and other office bearers of DESAM, Birjit again started questioning about his appointment and concerning his joining the service,” it stated.
Without any reason, he was assaulted by Birjit in collusion with the two ladies by punching on his cheek and wrongfully detained by them along with other office bearer of DESAM till the arrival of his family and he was admitted to Urban Health Centre, Singjamei for first aid, from where doctor referred him to JNIMS or RIMS Hospital, as per the report.
The court, after examining the case record, stated that the petitioners called the teachers of ‘Naorem Birahari College’ at their office for settlement of disputes amongst the teachers.
The court observed that the petitioner is the main accused and took active part in assaulting the victim. It further observed that as per the report, his statement is not in tally with those of other arrested accused and witnesses. It was further mentioned that his custodial interrogation is required to find out the contradictions.
The court stated that it is unable to digest how the teachers of Naorem Birahari College approached a student union such as DESAM for settling their disputes relating to their service matters and DESAM taking up the role of adjudicator. The teachers, if they have genuine grievances, ought to have approached the College Management or the State Government, the court stated.
They chose a wrong forum for adjudication of their dispute and the whole problem had arisen out of this folly act from well-educated persons, the court stated.
With these observations, the court rejected the pre-arrest bail of Thiyam Birjit Singh and vacated the interim bail granted on September 28.
