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SC seeks word from Assam on prosecuting troopers
New Delhi, Jun 16 (IANS):
Published on 16 Jun. 2011 11:39 PM IST
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The Supreme Court Thursday asked the Assam government to clarify if it needed New Delhi’s green signal to prosecute paramilitary personnel accused of human rights violations.
The observation came while hearing a petition by the central government challenging the Gauhati High Court after it upheld a trial court decision to proceed with the recording of evidence against two Central Reserve Police Forceofficers.
The two courts had ruled that action could be taken against Deputy Director A.K. Singh (now retired) and Commandant V.S. Yadav of the Central Reserve Police Force (CRPF) without prior sanction.
The issues concern the killing of seven alleged insurgents in Panka village in Assam in April 1983.
Appearing for the union home ministry, counsel Ashok Bhan said that 33 personnel could not be proceeded against as the prosecuting agency should take prior sanction before moving against paramilitary forces.
Bhan contended before judges B.S. Chauhan and Swatanter Kumar that the paramilitary forces enjoyed immunity from prosecution for any act done in the discharge of their duty.
The incident was investigated by the State crime investigation department (CID). After four years, a criminal case was registered March 10, 1997 against the Central Reserve Police Force personnel on charges of murder.
The Central Reserve Police Force maintained that the Assam Police should take the sanction of the central government before proceeding against its men.
The matter will come up for hearing when the court opens after the ongoing summer vacations.

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