In his letter, Sreekumar said the governor of Andhra Pradesh E S L Narasimhan should not exercise his power on a central investigation agency like the CBI. He wrote, "The governor had violated the constitutional constraints and legal framework within which he had to function, particularly the letter and spirit of Article 51(A) of the Constitution of India. In fact, anybody, including the IB director, endeavouring to protect the accused IB officials allegedly involved in extra judicial killings, should approach relevant judicial bodies, instead of exerting pressure on Union Government.
An executive authority has no powers over CBI under law to guide and influence the course of any investigation. If CBI buckles down under such pressure tactics and professionalise the investigation for helping the accused, this agency would be committing an offence under section 217 IPC." Sreekumar added that the CBI investigations in the Ishrat Jahan encounter case have brought out substantial evidence about the culpable guilt of a few Central IB officials in planning and executing the fake encounter by teaming up with Gujarat police. He added, "In the legal perspective, if any functionary from political and administrative bureaucracy of the Union Executive, being pressurised by protagonists of IB, influences or instructs the CBI to take a particular direction in Ishrat Jahan case investigation... he would be liable for an offence under Section 186 IPC — obstructing public servant in discharge of public functions."
According to Sreekumar, if there's any IB officer found to be fiddling with CBI investigation in Ishrat Jahan case, he should be brought under the clutches of law and should be put under indefensible situation. He pointed out that the IB's role in fake encounters in Gujarat is the only instance in the 125-year-long history of the organisation of its misuse by a state government with the consent of the NDA government in 2002-2004. Sreekumar pleaded that the President of India initiates appropriate steps to prevent and neutralise any move from government or non-governmental forces that impedes the CBI investigations into the fake encounter cases in Gujarat.
0 comments:
Post a Comment