Non-obtaining of prosecution sanction dominates July 23, 2009 trial hearing
Source: Hueiyen News Service
Imphal, February 24 2011:
The matter of non-obtaining of prosecution sanction for the police officers who have been charge-sheeted by the CBI in July, 2009 firing incident at BT Road was put forward in the trial hearing conducted in the court of Session Judge, Ph Surendra today.
During the hearing the court initiated the matter on whether CBI needed prosecution sanctions for the police officers who have been charge-sheeted by the investigating agency.
In his argument counsel of charge-sheeted officer H Deben said that Deben is a police officer of inspector rank.
He was appointed by the Manipur government and not by the police department.
While conducting a trial against an officer of the government, it is mandatory to obtain prosecution sanction from the appointing authority under section 197 of the CrPC, he said requesting the court to look into the matter and take up necessary action.
CBI counsel, mention may be made here, had in the last hearing argued that the accused nine police personnel were not Class-I officers of the state government and there is no need of taking approval from the government to prosecute them.
He had also assured the court he will produce documents in support of his arguments citing that there were enough examples and documents of similar cases.
Meanwhile, the counsel of inspector Y Munal, in the meantime, applied for discharging the officer from the trial case citing various reasons.
The hearing of the day concluded with the judge announcing that the argument on the application of Munal will be held tomorrow.
The trial hearing of the charge-sheet submitted by the CBI against nine police personnel started from January 29.The CBI was investigating into the case following a directive of the Gauhati High Court, Imphal Bench, passed as an order on August 25, 2009 .
The court directive was in response to a Writ Petition (Crl.) No.77/2009 filed by mother of Ch Sanjit and the court in its directive asked the CBI to treat the complaint dated 7.8.209 of the mother as FIR, following which the City PS, Imphal (W) registered FIR dated 26.8.2009 Under Section 302/34 IPC and Section 2(3) Arms Act.