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Supreme Court tells Tarun Gogoi to step out of Centre’s shadow

The Supreme Court on Thursday sought clarification from the Centre’s counsel whether the Tarun Gogoi government in Assam needed New Delhi’s nod to prosecute paramilitary personnel accused of gagging the people.

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The Supreme Court on Thursday sought clarification from the Centre’s counsel whether the Tarun Gogoi government in Assam needed New Delhi’s nod to prosecute paramilitary personnel accused of gagging the people.

A vacation bench of justices BS Chauhan and Swatanter Kumar asked Union government’s counsel Ashok Bhan, who has contested the state’s high court order to prosecute certain senior officers of the CRPF for excesses on people in 1993, why the state couldn’t act on its own?

Bhan said paramilitary forces enjoyed immunity from prosecution for any act done in the discharge of their duty.
Earlier, the Gauhati high court had upheld a trial court decision to proceed with the recording of evidence against two CRPF officers.

According to the HC, action could be taken against deputy director AK Singh (now retired) and commandant VS Yadav without prior sanction.

It has been held that the immunity granted to government functionaries was strictly in relation to the legitimate official job and not for taking bribes or killing people in encounters.
Invariably, the tainted and the trigger-happy cops try to hide behind the skirts of “immunity” when they are caught indulging in ghastly illegalities.

The two officers allegedly killed seven suspected insurgents in Panka village in Assam in April 1983. In all 33 officials were named for the carnage. Bhan said that 33 personnel could not be proceeded against as the prosecuting agency should take prior sanction before moving against paramilitary forces.

The CRPF has maintained that the Assam Police should first arm itself with the central government’s sanction for prosecuting the accused men.

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