Baramulla, Apr 21: The Court of Sessions Judge Baramulla today rejected the plea by Central Industrial Security Force (CISF) that sanction is required for trial against its accused personnel allegedly involved in firing that killed a student on January 2 in Boniyar Uri.
“I am of the considered opinion that no sanction to proceed against the accused was required under section 197 CrPC because the accused do not fall within the ambit of public servant who cannot be removed from the office without the sanction by state or union government,” Sessions Judge Baramulla, Muhammad Shafi Khan, ordered.
“If at any stage it comes to conclusion that the prosecution could not have instituted the case without sanction of government it is not necessary that the court must pass a formal order of discharge or acquittal of the accused and in fact no such order is required to be passed at this stage as has been laid down in 2002 Cr.L.J SC 3505,” the order reads.
“The question of sanction could be left open to be decided in the main judgment which may be delivered upon the conclusion of the trial. The preliminary objection raised by the defense counsel is held to be devoid of any legal force as such not sustainable,” the Court ruled.
Counsel for the accused, Karnail Singh Wazir, in his argument has said that the accused being permanent employees of the Central Industrial Security Force, as such they are entitled to protection U/S 197 (1) CrPC and no cognizance could be taken against them without obtaining prior sanction to launch prosecution.
He had further argued that protesters had pelted stones and set ablaze the reception hut of CISF as a result of which half portion of the hut and control room got burnt and partially damaged which prompted the CISF personnel to open fire.
Public Prosecutor Shahid Ali Shah, while objecting to any immunity U/S 197 CrPC to the accused CISF personnel, argued that since the accused have resorted to indiscriminate firing on peaceful procession resulting in the killing of one innocent young student besides injuries to others as such their act does not come under the official duty more so when there is nothing on record to show that there was a reasonable connection between the act complained of and discharge of the official duties. Therefore the offence committed by the accused is not official in nature and hence require no sanction to launch prosecution.
The case will come up for hearing arguments for framing of charge on May 5, 2012.
On January 2, 2012, CISF personnel fired at a protest demonstration of local residents of Boniyar Uri demanding proper electricity in the area. A student was killed in the firing and several persons injured.

Lastupdate on : Sat, 21 Apr 2012 21:30:00 Makkah time
Lastupdate on : Sat, 21 Apr 2012 18:30:00 GMT
Lastupdate on : Sun, 22 Apr 2012 00:00:00 IST