Source: Hueiyen News Service
New Delhi, May 18 2009:
A court on Monday issued non-bailable warrant against five Delhi police personnel for gunning down a man in an alleged fake encounter seven years ago.
Chief Metropolitan Magistrate Kaveri Baweja issued the non-bailable warrant against them for June nine after they failed to appear before the court despite a direction by a Sessions Judge.
The court, however, exempted eight others, including three sub inspectors, from appearance, as per direction of High Court.
They had approached the HC against the sessions court's order.
A sessions court had on May 14 dismissed the petitions, challenging a lower court's order to summon 13 police personnel in the case.
The Sessions Court had rejected the petitions of the Delhi government and Sub Inspector Satish Rana filed against the order of the Chief Metropolitan Magistrate (CMM), saying there was sufficient ground to proceed against them.
CBI had registered a case against the policemen in March, 2003, but as sanction was denied by the Lt Governor for prosecuting them, it filed a closure report in the case.
On January 11, 2002, a Delhi police special staff team led by sub inspector Vinay Tyagi had conducted a raid at the house of Rupender alias Upender alias Kannu at Pandav Nagar in East Delhi and allegedly killed him.
Those against whom NBWs were issued are head constables Satender Singh and Nagender and constables Raj Kumar, Hari Om and Rustam.
The CMM had on August six last year rejected CBI's closure report saying "the question of granting or decline of sanction (for prosecution) under Section 197 of the CrPC is without consequence".
Those arraigned as accused in CBI's report under CrPC are sub inspectors Vinay Tyagi, Atul Tyagi and Satish Rana, head constables Satender Singh and Nagender and constables Neeraj Kumar, Prem Pal Singh, Raj Kumar, Hari Om, Naresh Pal, Sudhir Kumar, Rustam Ahmed
and Upender.