EEVFAM, HRA express concern
Source: The Sangai Express

Imphal, March 10 2019: Expressing concern over the undue delay of the State Government in responding to the request of the CBI/SIT to grant prosecution sanction of the police personnel charge-sheeted under various offences including murder in connection to the extrajudicial executions in the State, the Extra Judicial Execution Victim Families Association, Manipur (EEVFAM) and Human Rights Alert (HRA) have conveyed that even the Chief Judicial Magistrates have started returning the charge-sheets due to the delay.

A joint press release issued by the two associations today mentioned that it is of utmost importance for the Government to grant prompt prosecution sanction to the involved police personnel.

Mentioning the points for the need to grant prosecution sanctions at the earliest, it explained that the act of ex-trajudicial execution cannot be termed as a discharge of official duty.

Pointing out that prosecution sanction is only limited to public servants who are not removable without prior sanction of the Government, HRA and EEVFAM claimed that none of the indicted police personnel fall within this category.

Any police personnel who is directly or indirectly involved in the conspiracy of the extrajudicial execution cannot claim protection behind the garb of discharge of official duty, it explained adding that prosecution sanction is meant only to provide protection of public servant from frivolous and speculative allegations and is not meant to provide an umbrella to the misuse and abuse of powers by the public servant.

It continued that the present issue is about granting prosecution sanction in cases where CBI has already filed charge-sheet after a thorough investigation based on materials on record and appreciation of statement of witnesses, over and above the prior findings of the NHRC and High Court.

Once the prosecution sanction is sought/applied, the State Government is obliged to give a decision either granting or denying the prosecution sanction at the earliest, it explained and informed that in Maharastra, if prosecution sanction is applied and the Government does not act within a period of three months, the same is deemed to be granted.

HRA and EEVFAM stated that delay in granting prosecution sanction is not in the interest of justice and rule of law and reasoned that thorough, prompt, impartial and independent investigation and prosecution of perpetrators of extrajudicial execution is an obligation of the State under international law.

Inordinate delay or withholding prosecution sanction will erode public trust in the present Government as it will be seen as shielding the perpetrators of extrajudicial execution, it added.

It then reminded the State Government that the BJP Manipur Pradesh vision document of 2017 which was released prior to the last Assembly election clearly promised investigation into fake encounter and corruption cases and to punish the guilty, to establish a pro-people Government for the service and welfare of the people of Manipur, starting investigations in all pending corruption and fake encounter cases within one month of forming the Government and that all found guilty shall be punished as per law.

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