GUWAHATI: Seven years after its occurrence, the Gauhati High Court has handed over the Jibon Kemprai abduction case to the Central Bureau of Investigation (CBI) after the state police and Special Investigation Team (SIT) found no clue to his whereabouts.
Jibon Kemprai, elder brother of Mahendra Kemprai, an MAC of North Cachar Hills Autonomous Council (NCHAC) was abducted by suspected miscreants from his house at Jongshorhadi under Diyungmukh police station in Dima Hasao district on January 27, 2016, two days ahead of a no-confidence motion was brought against Niranjan HOjai led executive council of NCHAC on January 29, 2016.
Seven years after his kidnapping and disappearance, a single judge bench comprising Justice Suman Shyam handed over the case to the CBI for in-depth investigation based on a writ petition filed by Jibon Kemprai’s wife Jaisodi Thaosen alias Jaisodi Kemprai.
Diyungmukh police station had registered a case vide No 3/2016 under sections 365/506/34 of the Indian Penal Code.
It has been alleged that the kidnappers had earlier threatened Mahendra Kemprai asking him to abstain from participating in the non-confidence motion NCHAC held on January 29, 2016, as otherwise, he would face dire consequences. The kidnapping took place to prevent Mahendra Kemprai from participating in the non-confidence motion scheduled on January 29, 2016. Since then, the whereabouts of Jibon Kemprai remained unknown.
Initially, the police had investigated in connection with the case but could not make any headway in the process.
The petitioner Jaisodi Thaosen had approached the High Court seeking a direction to hand over the case to the CBI.
During the pendency of the writ petition, a three-member Special Investigation Team (SIT) headed
by the superintendent police of of Dima Hasao district took over the investigation in connection with the case.
“The Dima Hasao SP on August 3,, 2023, had submitted a report in a sealed cover. On perusal of the report, it transpired that save and except for making a few arrests and recording statements of few witnesses, the SIT also could not make much headway nor it concludes the investigation, as a result of which, no charge sheet could be filed,” the court said.
The victim also remained untraced even after a lapse of more than seven years since his disappearance and there is no clue as to whether he is still alive. It is under these circumstances, that the petitioner has renewed the prayer for handing over the investigation to the CBI.
It was argued that this is a clear case of political assassination and the same would be apparent from the fact that after the release of the six arrested persons, their wives had been appointed in different departments of the NCHAC and the main suspect is roaming freely in the Haflong town without any effort from the police to nab him.
It was further submitted that even the wife of the three main suspects have been given jobs and the person who had made the phone call to Mahendra Kemprai just before kidnapping Kemprai, has neither been arrested nor interrogated.
It was also submitted that this is a clear case of violation of the fundamental rights of the petitioner and her husband and since the incident took place in a politically sur-charged situation where there is direct evidence to suggest that the kidnapping was carried out for a political purpose, unless the matter is handed over to a specialized agency like the CBI, the petitioner would not get justice.
It was further submitted that to do complete justice and to instil confidence in the minds of the public, it is necessary to hand over the investigation of this case to the CBI.
“I have considered the submissions made at the bar and have also carefully gone through the materials available on record. It is apparent from the materials on record that the husband of the petitioner had gone missing on January 27, 2016, and before that a telephone call was received by his elder brother Mahendra Kemprai, who was a member of the NC Hills Autonomous Council at the relevant point of time, threatening him to abstain from taking part in the meeting scheduled to be held on January 2, 2016 wherein, a crucial agenda of removal of the party in power from office was to be discussed. Since then, the whereabouts of Kemprai is unknown.”
“This court finds that the probability of political motive behind the incident cannot be ruled out. Therefore, considering the ground realities prevailing in the Dima Hasao district and having regard to the nature of the investigation so far conducted in this case, this court is left with no manner of doubt that the petitioner would not get justice unless the investigation in the connected case is handed over to a specialized agency such as the CBI,” the court said.
“This court is of the considered opinion that this matter deserves to be handed over to the CBI. Since it is a question of the life and liberty of a citizen and given the factual backdrop of this case, this court is unable to agree with the stand of the CBI that due to resource crunch, the matter should not be sent to the CBI for investigation,” the court added.
