‘No sanction needed for army men’s prosecution’: CBI to SC
The CBI on Friday told the Supreme Court that no sanction was required either under the Armed Forces (Special Powers) Act or Code of Criminal Procedure Code for prosecution of army officers allegedly involved in the fake encounter killings of five persons at Parthibal in Jammu and Kashmir.
Senior counsel for CBI Ashok Bhan told a bench of justices BS Chauhan and Swatanter Kumar that the question of sanction would arise only after cognizance had been take by a magistrate, but in the present decade-old case the army chose to challenge the prosecution at the time of the charge sheet.
‘No sanction needed for army men`s prosecution’
Seven people were gunned down by army personnel on March 25, 2000, at Pathribal in South Kashmir and they were branded as terrorists of Lashker-e-Taiba group who were responsible for the gunning down of 36 Sikhs at Chittisingpura in the same district on the intervening night of March 19-20, 2000.
Citing a catena of apex court judgements, Bhan said, “Sanction is not required. Colour of duty is very important if it is not in accordance with the nature of duty and colour of office then no immunity is available to army officers.
“Institution of the case is not necessarily to be accompanied by sanction and the question of sanction will arise only after cognizance had been taken under 190 CrPC.”
Meanwhile, Additional Solicitor General Mohan Parasaran sought time from the bench for placing on record the Centre’s view on the controversy between CBI and army on the issue.
‘No sanction needed for army men`s prosecution’
Bhan said the so-called weapons recovered from the scene of “fake encounter” was actually planted by army personnel.
“Therefore, it is a case of fake encounter murders which cannot be immune under section 6 and 7 of AFSPA. So it will come under the ordinary penal law of the country, CBI does not need prior sanction,” he said. -via Zee News
‘No sanction needed for army men’s prosecution’: CBI to SC
Potential army chief Bikram Singh gets clean chit.
Monday, 16 January 2012 07:3
Srinagar: The northern army commander, Lt General KT Parnaik, on Sunday virtually exonerated Eastern Command chief Lt General Bikram Singh in a fake-encounter controversy, saying a closure report had been filed after a joint investigation with police.
Singh faces allegations that the I Sector Rashtriya Rifles unit in Kashmir, which he headed in 2001, faked a gunfight to kill a civilian and pass him off as a foreign militant at Janglat Mandi in Anantnag district.
The "encounter" had killed a colonel, a soldier, two civilians and the alleged foreign militant, Mateen Chacha. Singh was left injured.
The allegations arose last year after Singh emerged as the front-runner for the post of army chief following the row over the age of the incumbent, General VK Singh.
click here to read more
Comment: Army alongwith the Police needs to come clean on all fake encounters for which gallantry awards have been dispensed to the cowards. The culprits need to be brought to book!
Monday, February 6, 2012
Sunday, February 5, 2012
Netas and Babus spat over spoils of corruption
Don’t complain, netas tell babus
TNN | Feb 5, 2012, 12.14AM IST
HYDERABAD: Describing the demands put forth by the IAS lobby as sheer blackmail, several political leaders said the agitating babus should remember that they are also part of the government. Any officer who is clean and honest need not worry about being prosecuted by the CBI, they said.
"We were also questioned by the CBI officials. We never complained," said home minister P Sabita Indra Reddy. She opined that demanding the arrest of ministers in the same manner as the IAS officers is nothing but dictating terms to the CBI.
Don’t complain, netas tell babus
IAS officers up in arms
Special Correspondent The Hindu 05 Feb 2012
In an unprecedented development, over 70 IAS officers met Chief Minister N. Kiran Kumar Reddy on Friday night and protested against the “manner” in which the CBI was investigating the cases relating to the assets of Kadapa MP Y.S. Jaganmohan Reddy, and dilution of Government equity in Emaar Properties.
Seventy of the 100 IAS officers who run administration from the Secretariat were part of the large delegation which met the Chief Minister at his camp office for 90 minutes. Expressing their displeasure, they sought his intervention to stop what they called “humiliation and harassment” by the CBI as part of its investigation.
The decision to make a representation to the Chief Minister was taken at a meeting of A.P. IAS Officers' Association held earlier. The association building is interestingly located close to the Chief Minister's camp office. SMS and phone calls by the association to the members received an overwhelming response indicating that a storm was brewing in the bureaucracy.
Prasanta Mahapatra and J. Raymond Peter, association's vice-president and general secretary respectively, serving as principal secretaries of Irrigation and Social Welfare departments, told reporters later that every decision taken by the government was after due consideration and approval of the Ministers. However, during the CBI investigation, only IAS officers were singled out and made scapegoats. The officers became party to the decisions while discharging their official duty. These included some high-stake decisions which were already known to the people.
The two officers, however, maintained a stiff upper lip when asked if they meant the real culprits were Ministers. “How can we give good governance in this environment?” They contended that it appeared as though the CBI was conducting its investigation without knowing how the government would function and how the orders would be issued. The process of law was not being followed and government permission was not secured to prosecute an officer. Mr. Mahapatra suggested that it was high time that some elderly experienced administrators guided the CBI on this aspect. The situation called for exercising maturity.
The Chief Minister was stated to have sympathised with the IAS , and assured that he would take “appropriate steps” to protect the innocent. Mr. Mahapatra parried a question if the Chief Minister meant a representation by him to the Prime Minister.
Asked what they would do if he failed to take the “appropriate step”, he said, “That is a hypothetical question. We trust the Chief Minister.”
Mr. Kiran Kumar Reddy, however, did not indicate his mind on the pleas made by them that the government extend legal assistance and bear the expenditure for the IAS officers in the cases.
IAS officers up in arms
TNN | Feb 5, 2012, 12.14AM IST
HYDERABAD: Describing the demands put forth by the IAS lobby as sheer blackmail, several political leaders said the agitating babus should remember that they are also part of the government. Any officer who is clean and honest need not worry about being prosecuted by the CBI, they said.
"We were also questioned by the CBI officials. We never complained," said home minister P Sabita Indra Reddy. She opined that demanding the arrest of ministers in the same manner as the IAS officers is nothing but dictating terms to the CBI.
Don’t complain, netas tell babus
IAS officers up in arms
Special Correspondent The Hindu 05 Feb 2012
In an unprecedented development, over 70 IAS officers met Chief Minister N. Kiran Kumar Reddy on Friday night and protested against the “manner” in which the CBI was investigating the cases relating to the assets of Kadapa MP Y.S. Jaganmohan Reddy, and dilution of Government equity in Emaar Properties.
Seventy of the 100 IAS officers who run administration from the Secretariat were part of the large delegation which met the Chief Minister at his camp office for 90 minutes. Expressing their displeasure, they sought his intervention to stop what they called “humiliation and harassment” by the CBI as part of its investigation.
The decision to make a representation to the Chief Minister was taken at a meeting of A.P. IAS Officers' Association held earlier. The association building is interestingly located close to the Chief Minister's camp office. SMS and phone calls by the association to the members received an overwhelming response indicating that a storm was brewing in the bureaucracy.
Prasanta Mahapatra and J. Raymond Peter, association's vice-president and general secretary respectively, serving as principal secretaries of Irrigation and Social Welfare departments, told reporters later that every decision taken by the government was after due consideration and approval of the Ministers. However, during the CBI investigation, only IAS officers were singled out and made scapegoats. The officers became party to the decisions while discharging their official duty. These included some high-stake decisions which were already known to the people.
The two officers, however, maintained a stiff upper lip when asked if they meant the real culprits were Ministers. “How can we give good governance in this environment?” They contended that it appeared as though the CBI was conducting its investigation without knowing how the government would function and how the orders would be issued. The process of law was not being followed and government permission was not secured to prosecute an officer. Mr. Mahapatra suggested that it was high time that some elderly experienced administrators guided the CBI on this aspect. The situation called for exercising maturity.
The Chief Minister was stated to have sympathised with the IAS , and assured that he would take “appropriate steps” to protect the innocent. Mr. Mahapatra parried a question if the Chief Minister meant a representation by him to the Prime Minister.
Asked what they would do if he failed to take the “appropriate step”, he said, “That is a hypothetical question. We trust the Chief Minister.”
Mr. Kiran Kumar Reddy, however, did not indicate his mind on the pleas made by them that the government extend legal assistance and bear the expenditure for the IAS officers in the cases.
IAS officers up in arms
Gen VK Singh age row Government on back foot
The Supreme Court on Friday did not comment on the merit of the government's decision to reject the army chief's statutory complaint on his date of birth issue.
But the harsh words from the apex court - that the decision making process was vitiated - hit the government hard.
The defence ministry was not prepared for such strong criticism. In his statutory complaint to defence minister A.K Antony, General V.K. Singh had challenged an earlier order of the ministry to maintain his date of birth as May 10, 1950.
Whatever is ultimately the outcome of the legal battle between the army chief and the defence ministry, the apex court's rap on the issue has come as a blow to the government just a day after the huge embarrassment of the 2g spectrum licences being cancelled
Read more: General draws first blood: Government on back foot as Supreme Court points to procedural lapses in Army Chief's age row By Gayanant Singh and Gautam Datt at 4:15 PM on 4th February 2012
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