No prosecution sanction needed: CBI counsel
Source: Hueiyen News Service
Imphal, February 25 2011:
In the trial hearing of the July 23, 2009 BT Road firing incident today, CBI counsel strongly argued that there was need to seek approval from the government to prosecute the nine police officers whom CBI had charge-sheeted in the case.
The arguments on the matter which ended inconclusively will continue on March 7 and 9 next, the Judge of the Session Court Manipur East announced.
In the hearing, counsel of Inspector Munal, the then OC of City PS argued that the charges level against Munal are all fabricated and there was no prima-facie evidence to implicate him in the case.
The officer had not taken part in the said "encounter".
He went to the spot only after the incident occurred only to perform his duties as in-charge of the City PS.
The CBI's inclusion of him among the list of accused is not reasonable, the counsel defended and prayed the court to discharge Munal from the case.
The counsel said that CBI had not obtained prosecution sanction for Munal before conducting the trial saying that for conducting a trial against a government officer, obtaining prior prosecution sanction from government is a must.
Munal was promoted to Inspector on the recommendation by Manipur Public Service Commission (MPSC) after necessary DPC procedure and government notification in its gazette.
This shows that he has been appointed by the government and for a trial against him, obtaining prosecution sanction under section CrPC 197 is needed, the counsel said.
His argument was strongly supported by the counsel of Inspector H Deben who is among the nine police personnel charge-sheeted by CBI.
Defending the argument, CBI counsel AK Singh informed the court that CBI had not implicated Y Munal without any reason.
He has been charged of trying to eliminate evidence of the case.
There are hard evidences including photographs to prove the charges levelled against him.
The CBI counsel further cited various examples of similar cases in which trials were conducted against police officers of inspector and ranks below without obtaining prosecution sanction.
The judge announced that the arguments will continue on March 7 and 9 .
During the hearing all nine police personnel appeared in the court.