No one can be punished twice for the same offence: CBI tells SHRC

The CBI in its reply filed before the state human rights commission on the 1993 Sopore massacre has disclosed that all the “accused personnel found guilty during the court of inquiry (CoI) were tried by the general security force court and awarded sentence”.

The CBI has pleaded that as per law no one can be tried and punished twice for the same offence as the same will amount to “double jeopardy.”

   

The reply was filed in a petition by rights activist Ahsan Untoo. 

The reply reads, “A Staff Court of Inquiry was conducted by the BSF in the firing incident on January 6, 1993 in which 19 BSF personnel were blamed for various acts of commissions and omissions.

“Constable Mohan Singh was dismissed from the service by his Unit on December 12, 1996 and his name too was deleted from the charge sheet.

“Thus, all the accused personnel who were found guilty during the Court of Inquiry and Record of Evidence proceedings, were tried by the General Security Force Court under the BSF Act and Rules and based on the findings, the Court awarded sentence to the accused persons.”

The reply further states that as per the human rights act, “when in a matter final report has been filed under section 173, Cr PC, (J&K), in the competent court and the matter is sub judice, the jurisdiction of the commission to entertain any other complaint is not maintainable.”

The petitioner in his application has stated that “77 civilians were killed by the BSF men on January 6, 1993 in Sopore while as 100 houses and 300 shops were torched.

The petitioner has argued that the names of the convicted BSF personnel have not been communicated and the place(s) they are lodged have not been given.

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