Addl SG appears before Court
Source: The Sangai Express
Imphal, May 30 2022:
Additional Solicitor General Kh Samarjit representing Union of India today appeared before the Session Court, Imphal West in connection with a criminal review petition filed by the 13 Dogra, presently stationed at 57 Mountain Division, Leimakhong against the order passed by the CJM, Imphal West which raised 10 points for reference to the High Court of Manipur to enable the Court take an appropriate decision in the alleged fake encounter cases where prosecution sanction is denied against defence/paramilitary personnel by the Union of India.
The Additional Solicitor General was assisted by Advocate Jasobanta.
Mention may be made that High Court of Manipur had directed Session Judge, Imphal West to dispose the cril review petition of the Union of India on or before June 13 and during the hearing of the case on May 17, EEVFAM was impleaded as a respondent and issued notice returnable on or before today (May 30) .
Sandeepkumar, Special PP CBI submitted that the victim families and EEVFAM are necessary parties of the present case and clarified that EEVFAM has been impleaded by an order issued on May 17 for the limited purpose of deciding the question raised in the present petition.
The Cril review petition was filed in January under section 379 CrPC 1973 (read with section 399) praying for revising the order passed by the CJM, Imphal West on February 22, 2021 .
The Court had directed CBI to submit written reply in connection with the Cril review petition of the Union of India before February 18 .
The CBI in its written reply submitted that investigation of the case of Pheiroijam Sanajit who was killed in an alleged fake encounter that purportedly took place in the intervening night of May 30 and 31, 2014 was taken up as per a directive given by the Supreme Court on July 14, 2017 .
The CBI, after investigation of the case, submitted its final report to the Court in September 2020 stating that the 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 its closure report, the CBI submitted that some evidence were found against the four army personnel identified as Girish Nair (now retired), then Major of 19 Rajput, Rahul Bal Mishra, then Captain of 19 Rajput, Ranbeer Singh, then Havaldar of 19 Rajput and Abhay Pratap, then Sepoy of 19 Rajput.
However Ministry of Defence refused to grant prosecution sanction against them, citing the provision under section 6 of AFSPA.
The CJM Imphal West passed an order on February 22 last year with the observation that there are substantial number of similar cases pending before the same Court and other Courts wherein prosecution sanction are denied against the accused defence personnel even in the presence of prima facie material evidence and denial of prosecution sanction by the competent authority has become a routine matter in most of the cases where defence/paramilitary personnel are involved in alleged fake encounter cases and in all the cases, the competent authority take the refuge of section 6 of AFSPA.
The CJM Imphal West then placed the matter before the High Court of Manipur and raised 10 points of reference to enable the Court take an appropriate decision in the alleged fake encounter cases where prosecution sanction is denied against defence/paramilitary personnel by the Union of India.
The next hearing is scheduled on June 3 .
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