EEFVAM prepares to launch agitations for delivering justice to fake encounter victims
“Extra Judicial Execution Victim Families Association Manipur (EEVFAM) along with civil voluntary organisations will launch intense forms of agitations for delivering justice to fake encounters victims.”
This was stated by general secretary, EEFVAM, Edina Yaikhom, while addressing media persons during one day, ‘Public Meeting on Silence of the Government of Manipur on Prosecution Sanction in connection with Extra Judicial Execution’ which was organised by EEVFAM at Manipur Press Club.
She further said that after filling 1528 cases of fake encounter cases to the Supreme Court, it directed to take up 6 cases to clarify whether they were fake encounter or not.
After 42 cases were investigated by CBI, 9 of the cases were charge sheeted, she stated. She said that out of 9 cases, eight cases were still going on without any prosecution sanction. One case from Thoubal could not be proceeded further due to lack of prosecution sanction, she stated. She demanded the authority to either clarify that prosecution sanction is not necessary or if necessary, let the authority issue the prosecution sanction.
The public meeting took resolutions and they were submitted to the chief minister.
It was stated that the act of extrajudicial execution cannot be timed as a discharge of official duty, prosecution sanction are only limited to public servants as defined in section 21 of IPC i.e. only to those public servants not removable without prior sanction of the government.
It was resolved in the meeting that any police personnel who is directly or indirectly involved in the conspiracy of the extrajudicial execution cannot claim protection behind the grab of discharge of official duty.
The prosecution sanction is meant only to provide protection of public servant from frivolous and speculative allegation and is not meant to provide an umbrella to the misuse and abuse of powers by the public servants, observed the meeting.
It was further resolved that the present issue is about granting prosecution sanction in cases where NHRC and High Court has already found the incidents to be false encounter and moreover the CBI has already filed charge-sheet after thorough investigation based on material on record and appreciation of statement of witnessed.
It was stated that delay in granting the prosecution sanction is not in the interest of justice and would amount to shielding the public personnel of the criminal acts, inordinate delay or withholding prosecution sanction will fume public anger against the government.
The resolutions also mentioned that once the prosecution is sought, the government is obliged to give a decision of either granting or delaying the prosecution sanction at the earliest. For instance, in the state of Maharastra, if the prosecution sanction is applied and the government does not act within the period 90 days, the same is deemed to be granted
Thorough, prompt, impartial and independent investigation and prosecution of perpetrators of extrajudicial execution is an obligation of the state under international law. The BJP Manipur Pradesh vision document 2017 released prior to the last assembly election clearly mentioned about investigation and punish guilty, it was further mentioned.
The meeting was attended by president of Nupi Samaj Ema Ramani, Co-Convenor of MANPAC, Ningthouja Lancha.
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