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Soldiers killed five in cold blood, CBI tells apex court
Tuesday March 20, 2012 09:32:04 AM,
IANS
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New Delhi: The
Central Bureau of Investigation (CBI) Monday accused, in the apex
court, army personnel of killing five "innocent" people in cold
blood in the wake of the 2000 killing of 36 Sikhs in Kashmir's Anantnag district.
Appearing for the CBI, counsel Ashok Bhan made the charge before a
bench of Justice B.S. Chauhan and Justice Swatanter Kumar which is
hearing a plea that proceedings against any army personnel could
not be carried out in the absence of prior sanction by the
government.
The CBI, which investigated the killing of five people in the wake
of the March 20, 2000 massacre in a gurudwara in Chittishingpura
village in Anantnag, said that these army personnel could not be
given the umbrella of duty to frustrate any criminal proceedings
against them.
"No sanction is required for launching prosecution proceedings
against them after the case has been filed before the magistrate's
court in Srinagar," Bhan told the bench. "It is a case where
neither sanction was required nor it has been applied for."
When Bhan contended that everyone has a protection to life and
liberty under the Article 21 of the constitution, the court said
that Article 21 will apply to both. Bhan, however, said that
Article 21 would weigh more in the favour of the victim.
He told the court that army never co-operated with the CBI in
investigating the case. "Any action done by the delinquent officer
can't be given umbrella of official duty," Bhan told the court.
In the beginning of the hearing when the court inquired what was
the outcome of its direction that secretaries of the defence and
home ministries and the CBI director should sit together to find
some way out, the court was told that the government was filing an
affidavit.
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