INDIA: Police officer murdered for not submitting to corruption

Dear Friends,

The AHRC has received information about the cold blooded murder of a police officer, Mr. P.J. Marbaniang, in Ri Bhoi District of Meghalaya. The murder took place on the same day Mr. Marbaniang detained 32 trucks that were illegally transporting coal. The coal was being illegally transported despite the orders against such transportation in Meghalaya by the National Green Tribunal. The case threatens to unearth the nexus between corrupt police officers and coal mine owners that have been illegally transporting coal. The Chief Minister of Meghalaya has appointed a Special Investigation Team (SIT) to investigate the murder, but so far only misleading information has emerged.

CASE NARRATIVE:

The Asian Human Rights Commission has documented the following case, based on a fact-finding report by Impulse NGO Network, an organization based in Shillong, Meghalaya.

Mr. P.J. Marbaniang was a Sub-Inspector and Officer-in-Charge of Patharkhmah Outpost under Ri Bhoi District of Meghalaya. One of the toll bridges is also stationed at this Outpost, to check for the transportation of illegally mined coal.

On the night of 23 January 2015, Mr. P.J. Marbaniang detained 32 trucks that were illegally transporting freshly extracted coal from Meghalaya, despite the ban imposed by the National Green Tribunal on rat hole mining.

On 24 January 2015, the truck drivers of the detained trucks approached Mr. P.J. Marbaniang, to question him with regard to his detaining the coal-laden trucks; they said that the other three constables of the outpost had already collected the commission and that the truck drivers had been given the green signal to transport the coal. However, Mr. P.J. Marbaniang did not relent, and chose to follow the orders of the National Green Tribunal; he performed his duties by detaining the trucks, despite the pleading and begging by the truck drivers.

On the night of 24 January 2015, a constable found Mr. P.J. Marbaniang in his quarter, lying in a pool of blood. His dead body was brought to the hospital. The police have claimed that Mr. Marbaniang committed suicide by shooting himself in the head with his service pistol.

According to the post mortem, done at Nongpoh Civil Hospital, by forensic doctors of North East Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS), the entry wound is in the frontal region of the head and the exit wound on the parietal region, suggesting that it is a case of suicide. However, the reports also state that there is a bruise to the left eye, such as that which happens follows a severe blow.

Interestingly, the report submitted by the Fingerprint Bureau, Crime Investigation Department, Shillong, states that no fingerprint could be detected from the weapon used.

The death of Mr. P.J. Marbaniang is inextricably linked to the illegal transportation of coal and the nexus between some members of the police department and the coal mine owners illegally transporting coal.

However, the Special Investigation Team (SIT) appointed by the Chief Minister of Meghalaya, under the supervision of Mr Vivek Syiem, Senior Police of Shillong City, and Mr. H. Marbaniang, Inspector General of Police, to investigate the murder of Mr. P.J. Marbaniang; has produced an investigation report that points towards suicide because of personal issues, such as Mr. P.J. Marbaniang’s involvement in an extramarital affair.

ADDITIONAL INFORMATION:

The National Green Tribunal had directed the government to functionalize 9 weigh bridges in Meghalaya to transport the previously extracted coal before the ban was imposed on unscientific coal mining in the state. The Umling weigh bridge is located at Patharkhmah Police Outpost, where Mr. P.J. Marbaniang was designated as Officer-in-Charge and was responsible for smooth functioning of coal transportation. Despite his efforts, there were three (unknown) policemen who were involved in taking bribes from the truck drivers to allow for the illegal transportation of freshly extracted coal. This Fact brought about a confusing confrontation between the truck drivers and P.J. Marbaniang.

According to the investigation report, all the evidence related to the murder have been destroyed, such as the officer’s clothes and the crime scene, i.e. the police residential quarter was cleaned. This raises suspicion that the policemen present in the police residential quarter got the place cleaned, being well aware about the procedures of investigation.

The wife of Mr. P.J. Marbaniang, who has always been at the forefront of fighting injustice, has withdrawn her complaint during investigation; but the mother of the late officer has not yet given up and is adamant about finding the truth behind her son’s death.

A staff member of Impulse NGO Network approached various government department officials concerned with the investigation of the case for information on the current status of the case. The staff member was refused all information.

The lawyer representing the mother of the late cop has now requested the Shillong High Court to forward the investigation of the case to the Central Bureau of Investigation (CBI).

It is worth mentioning that the Asian Human Rights Commission has also previously issued a Statement and Urgent Appeal on the situation of rat hole mining in Meghalaya, which can be found in AHRC-STM-228-2009 and AHRC-UAC-088-2015.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them disallow all further delay in the investigation of the case and ensure identification of the perpetrator at the earliest if the the case is found to be one involving murder. The Government of Meghalaya should also suspend the three policemen involved in taking bribes from the truck drivers at Patharkhmah Police Outpost.

The AHRC will be writing a separate letter to the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition calling for intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER