Ph Sanajit case: Court examines review petition
Source: Chronicle News Service
Imphal, May 30 2022:
Additional solicitor general Kh Samarjit, representing the Union of India, assisted by advocate Jasobanta appeared before the sessions court, Imphal West on Monday in connection with the review petition filed by 13 Dogra Regiment presently stationed at 57 Mountain Division headquarters, Leimakhong.
13 Dogra Regiment filed the review petition against the order passed by CJM Imphal West which raised 10 points for reference to the High Court Manipur to enable the court take appropriate decision in the alleged fake encounter cases where prosecution sanctions were denied against defence/paramilitary personnel by the Union of India.
Special PP CBI Sandeep-kumar submitted that victim's family and EEVFAM are necessary parties of the case and clarified that respondent EEVFAM has been impleaded by an order dated May 17 for limited purpose of deciding the question raised in the present petition.
Mention may be made that High Court of Manipur had directed sessions judge, Imphal West to dispose the revision petition on or before June 13 and during the hearing of the case on May 17 impleaded EEVFAM as respondent and issue notice returnable on or before Monday (May 30) .
The review petition was filed in January under section 379 CrPC 1973 read with section 399 praying for revising the order of CJM Imphal West dated February 22, 2021 in connection with Cril Misc (FR) case number 633 of 2020 in January and the court had directed CBI to submit written reply in connection with the revision petition of Union of India before February 18 .
CBI in a written reply submitted that investigation of the case in connection with the dead of Pheiroijam Sanajit in an alleged fake encounter that took place on the inter vening night of May 30 and 31, 2014 was taken up as per the directive of the Supreme Court.
After investigation of the case CBI submitted the final report to the court in September, 2020 on the ground that Ministry of Defence denied prosecution sanction under section 197 of CrPC and Section 6 of Armed Forces' Special Powers Act against four accused army personnel belonging to 19 Rajput (Bikaner) .
In the closure report, CBI submitted that during the investigation some evidences were found against the four army personnel identified as Girish Nair, then Major 19 Rajput now retired; Rahul Bal Mishra, then Captain 19 Rajput; Ranveer Singh, then Havaldar 19 Rajput and Abhay Pratap, then Sepoy 19 Rajput.
However, the Ministry of Defence denied grant of prosecution sanction against them citing provisions under Section 6 of AFSPA, 1958 .