Shillong, May 31: High Court of Meghalaya on Monday took interest in PJ Marbaniang case and observed that it will make an appropriate order. The matter will be heard again on June 16.
“The matter will appear a fortnight hence and even if no one else is interested in pursuing the petition, in view of the circumstances in which the petition was filed, the Court may look into the papers and make appropriate orders in accordance with law on its own motion”, the division bench comprising Chief Justice Sanjib Banerjee and Judge W Diengdoh said.
The Supreme Court had on May 8 sent back to the high court the petition for CBI probe into the mysterious death of Marbaniang, who was the former officer in-charge of Patharkhmah police outpost.
A day after he detained 32 illegal coal-laden trucks on January 24, 2015, Marbaniang was found dead with bullet injuries on his head inside his official residence at Patharkhmah.
Mother of the police officer, Dorothy Marbaniang, had filed the petition for the CBI probe in the apex court but she passed away and the top court recently wanted the high court to hear the matter again.
The high court observed that WP(C) No. 169 of 2015 was disposed of by an order of March
22 of 2016.
“However, an order dated May 8, 2023 has been received by this Court earlier this week by which the Supreme Court has set aside
the order of March 22, 2016 and has required this Court to decide and dispose of the writ petition afresh in accordance with law and on its own merits and taking into consideration the observations made by this Court in the case of Sushila Devi (supra), referred to hereinabove and other relevant material on record and may also consider whether the
investigation is to be handed over to another agency or not …”
The mother of the officer was compelled to seek the intervention of the supreme court as earlier the high court had disposed of the petition on the ground that the Special Investigation Team (SIT) headed by then city City SP Vivek Syiem had filed the chargesheet.
“It is submitted on behalf of the erstwhile petitioner, the mother of the deceased police officer who suffered an unnatural death, that the writ petitioner has died. Counsel will take instructions as to whether there is anyone interested in pursuing the petition.On behalf of the State, it is submitted that the criminal trial is proceeding in right earnest before the Sessions Judge, Shillong and more than 10 witnesses have been examined”.
However, the court asserted that even if nobody is interested in the case, the court will follow up the matter.
