SHILLONG, June 16: The High Court of Meghalaya on Friday directed the state to produce copies of all papers in the case pertaining to the death of police officer P.J. Marbaniang.
The advocate previously representing the writ petitioner submitted that no heir or legal representative of the original writ petitioner is available or willing to pursue the case.
The petition was disposed of by an order of March 22, 2016, and was revived by an order of the Supreme Court on May 8, 2023, with a mandate to the high court to dispose of the writ petition afresh upon considering whether the investigation ought to be handed over to some other agency.
According to the state, the investigation was completed quite some time ago and the trial has commenced. The state reported that the trial has also progressed substantially.
The court said that in a May 31, 2023, order it was clearly indicated that in view of the circumstances in which the petition was filed, even if no one stepped up to prosecute the same upon the death of the original writ petitioner, the court could look into the papers and make appropriate orders on its own motion.
The state was directed to produce copies of all papers pertaining to the matter, particularly the report filed by the investigating agency, the chargesheet, and the evidence recorded thus far.
The court also said such papers should be made available within a fortnight from. The matter is scheduled to be taken up on July 12.
Marbaniang had reportedly died by suicide a day after he had seized 32 illegal coal-laden trucks. The Supreme Court on May 8 sent back a petition filed by the mother of the victim to the high court for the re-examination of the case.
The petitioner sought a CBI probe into the incident that occurred in 2015.
Earlier, the high court disposed of the petition (for the CBI probe) on the ground that the special investigation team (SIT) had already filed the chargesheet. However, unhappy with the SIT probe and dismissing the suicide theory of the police, the mother filed a petition in the Supreme Court for a CBI probe.
On the night of January 25, 2015, a constable found Marbaniang, the then officer-in-charge of the Patharkhmah police outpost, lying in a pool of blood in his quarter.
Police claimed that he had died after shooting himself in the head with his service pistol.
A day earlier, Marbaniang had detained 32 illegal coal-laden trucks and had resisted the release of the trucks despite being under pressure. The seizure was significant since the National Green Tribunal banned illegal coal mining and transportation of coal in Meghalaya in April 2014.
After the incident, the then superintendent of police of Ri-Bhoi deputed the then officer-in-charge of Nongpoh, S. Umdor to carry out an investigation. Another investigation was carried out by the former commandant of the 6th MLP Battalion, J. Rymmai.
But the state government instituted an SIT inquiry headed by the then SP (City) Vivek Syiem. The inquiry came to the conclusion that Marbaniang’s was a case of suicide and arrested several persons, including government officials, on charges of abetment to suicide.
Not satisfied, the victim’s mother petitioned the high court for a CBI probe and after the case was disposed of, the mother approached the Supreme Court.
