Denial of Prosecution Sanction: Court gives two weeks to Centre to submit reply
On October 29, the CJM Imphal West granted four weeks to the victims’ families/EEVFAM to file written objection, if any, to the closure report submitted by CBI in connection with alleged extra judicial killing of Pheiroijam Sanajit.
The Court of Chief Judicial Magistrate, Imphal West on Friday gave two weeks to the Union of India (Ministry of Defence) to submit a statement in reply to the written submission made by the family of deceased Pheiroijam Sanajit and Extra-judicial Execution Victim Families Association Manipur's (EEVFAM) protest petition.
The court allowed the prayer of the Defence Ministry and gave the time on condition that the reply statement should be submitted to the court within two weeks' time from Friday or else the court should pass an appropriate order of the protest petition filed by the families of the deceased and EEVFAM, in connection with the submission of final report of Pheiroijam Sanajit.
On December 16, 2020, the Union of India (Ministry of Defence) filed an application objecting to the jurisdiction and procedure adopted by the court while dealing with the final report submitted by the CBI, in view of the order of Ministry of Ddefence denying the grant of sanction to prosecute the accused persons.
The court has fixed January 11 for appropriate order. Earlier on January 6, another application was filed on behalf of the Union of India, seeking an opportunity of hearing before deciding or passing order on January 11. The court had fixed January 8 for hearing.
In Friday’s hearing, standing counsel on behalf of Union of India (ministry of defence) S Jasobanta Singh along with OIC (Legal) of Station HQ, Leimakhong, captain Lauv Kumar were present before the court. Counsel O Kiranjit Singh representing EEVFAM and deceased families and Naib Court K Kipgen, on behalf of CBI-SIT, Manipur were also present before the court.
On January 6, Union of India prayed the court for making necessary correction or rectification or modification of the order passed on December 16, 2020 so that it is correct as per record, as no written arguments or submission were handed over on behalf of Union of India.
In the order issued on December 16, the court recorded that both the counsel for Union of India and counsel for victim families and EEVFAM submitted their written arguments or submission on the issue that has arisen on account of denial of prosecution sanction in respect of accused persons.
But, no written submissions were filed on behalf of the Union of India during the hearing before the court. Therefore, on behalf of the Union of India, captain Himanshu Singh Rana of 13 DOGRA authorised by the Union of India, filed an application to rectify or modify the December 16 order.
The court has rejected the application as once an order is being passed by any court, the same court cannot correct or rectify or modify its own order. The court pointed out that there is a procedure for it prescribed by law.
On October 29, the Chief Judicial Magistrate Imphal West granted four weeks to the victims’ families/EEVFAM to file written objection, if any, to the closure report submitted by CBI in connection with alleged extra judicial killing of Pheiroijam Sanajit on the intervening night of May 30 and May 31, 2004.
The court was hearing the objection raised by wife of Pheiroijam Sanajit and EEVFAM regarding the final report which the CBI filed last month on the ground that central government, particularly the Ministry of Defence denial to accord prosecution sanction under Section 197 CrPC and Section 6 of AFSPA against four accused army personnel belonging to 19 Rajput (Bikaner).
The court also directed the Counsel for the Union Defence Ministry to file a written submission for denial of the prosecution sanction against the four accused on December 2.