Court grants 4 weeks to victim's family, EEVFAM to file objection against CBI closure report
Source: The Sangai Express

Imphal, October 29 2020: Chief Judicial Magistrate Imphal west granted 4 weeks to the victim families/EEVFAM to file written objection, if any, to the closure report submitted by CBI in connection with alleged extra judicial killing of Pheiroijam Sanajit on the intervening night of May 30 and May 31, 2004.The Court was hearing objection raised by wife of Pheiroijam Sanajit and EEVFAM regarding the final report CBI filed last month on the ground that Central Government, particularly the Ministry of Defence denied to accord prosecution sanction under Section 197 CrPC and Section 6 of AFSPA against four accused army personnel belonging to 19 Rajput (Bikaner).

The Court heard S Jasobanta, Counsel appearing on behalf of Union of India.

The CBI report had said that during the investigation, some material evidences were found against the four accused persons namely, Girish Nair, then Major, 19 Rajput (Bikaner), now retired; Rahul Bal Mishra, then Captain, 19 Rajput (Bikaner); Ranbeer Singh, then Havaldar, 19 Rajut (Bikaner) and Abhay Pratap Singh, then Sepoy, 19 Rajut (Bikaner), however, the Ministry of Defence denied to grant prosecution sanction against the accused persons by citing the provision U/S 6 of AFSPA.

The Counsel appearing for the petitioner-victim's family/EEVFAM submitted before the Court that in the final report submitted by CBI U/S 173 Cr.P.C, no copy of the order thereby denying the grant of prosecution sanction against the accused persons was enclosed.

The Counsel then prayed the Court to direct CBI to furnish the copy of the same.

Accordingly, CBI furnished the copy of the same.

The petitioners then expressed desire to peruse the order minutely and make a detailed submission on the next date.

The Court allowed the prayer and gave the petitioners four week's time to file a written objection, if any, to the closure report of the CBI.

The Court also directed the Counsel for the Ministry of Defence, Government of India to file a written submission for denial of the prosecution sanction against the four accused.

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