---------- Forwarded message ---------- From: Kavita Krishnan <kavitakris...@gmail.com> Date: 28 January 2010 12:13 Subject: Fwd: SC for prosecution of ex-Kerala DGP in Varghese "fake" encounter To:
---------- Forwarded message ---------- From: Common Concern <commonconc...@gmail.com> Date: 27 January 2010 23:14 Subject: [IHRO] SC for prosecution of ex-Kerala DGP in "fake" encounter To: common-concern <common-conc...@googlegroups.com>, i...@yahoogroups.com, focusori...@yahoogroups.com There is need to review the so-called encounters by the Police in any part of the country. To save the democracy, the Police need to be taught on their role in an independent democratic country. * * SC for prosecution of ex-Kerala DGP in "fake" encounter Updated on *Wednesday, January 27, 2010, 22:13 IST* New Delhi: Nearly 40 years after a Naxalite was shot dead by police in an alleged fake encounter, the Supreme Court on Wednesday granted the green signal for the prosecution of the then Kerala Director General of Police P Vijayan in connection with the incident. A bench of Justices P Sathasivam and H L Dattu, while dismissing the appeal filed by 85-year old Vijayan, however, allowed him to seek permission of the special CBI court to dispense with his personal appearance in the case and urged it to expedite the trial.The special court had earlier dismissed Vijayan's plea under 277 CrPC for discharge and the Kerala High Court had affirmed the order, after which he appealed in the apex court. Vijayan had filed the appeal challenging the decision of CBI to prosecute him and the trial court's decision to frame the charge under IPC sections 302 (murder) and 34 (Common intention) against him and certain other police officers in the case. In the instant case, the Kerala police had claimed Varghese, one of the most wanted Naxalites allegedly responsible for a number of killings of landlords and police, was shot dead by its personnel on February 18, 1970, while he was trying to escape from police custody. The capture of Varghese was highlighted as one of the achievements of the Kerala Police at that time and the police personnel involved in the said operation were given out-of- turn promotions and increments. Vijayan also received various medals while in service for his role in tackling the naxalite militancy in Kerala. However, in 1998, reports appeared in various newspapers in Kerala that the killing of Varghese was in a fake encounter and that senior police officers are involved in the said fake encounter. On the basis of the High Court's direction, CBI took up investigation and constable Ramachandran Nair filed a counter affidavit dated Januaury 11, 1999, in which he had made a confession that he had shot Varghese on the instruction of the then Deputy Superintendent of Police (DSP) Lakshmana where Vijayan was also present. On the basis of the confession, CBI filed the chargesheet and the special court framed charges against the accused officers, including Vijayan. Writing the judgement for the bench, Justice Sathasivam said "in the case on hand, though, the learned trial Judge has not assigned detailed reasons for dismissing the discharge petition filed under Section 227 but it is clear from his order that after consideration of the relevant materials charge had been framed for offence under Section 302 read with Section 34 IPC and because of the same, he dismissed the discharge petition." According to the apex court, after evaluating the material produced by the prosecution and after considering the probability of the case, the judge, being satisfied by the existence of sufficient grounds against Vijayan and another accused, framed a charge. __._,_.___ Reply to sender<?subject=SC+for+prosecution+of+ex-Kerala+DGP+in+%22fake%22+encounter>| Reply to group<i...@yahoogroups.com?subject=sc+for+prosecution+of+ex-kerala+dgp+in+%22fake%22+encounter> Messages in this topic<http://groups.yahoo.com/group/IHRO/message/42376;_ylc=X3oDMTM3bHZhb2ZhBF9TAzk3MzU5NzE0BGdycElkAzE3MjY3NjQ2BGdycHNwSWQDMTcwNTA4Mzc2NARtc2dJZAM0MjM3NgRzZWMDZnRyBHNsawN2dHBjBHN0aW1lAzEyNjQ2MTQzNjUEdHBjSWQDNDIzNzY->( 1) Recent Activity: - New Members<http://groups.yahoo.com/group/IHRO/members;_ylc=X3oDMTJncTVxcjVmBF9TAzk3MzU5NzE0BGdycElkAzE3MjY3NjQ2BGdycHNwSWQDMTcwNTA4Mzc2NARzZWMDdnRsBHNsawN2bWJycwRzdGltZQMxMjY0NjE0MzY0?o=6> 1 - New Files<http://groups.yahoo.com/group/IHRO/files;_ylc=X3oDMTJoMzhrbmdwBF9TAzk3MzU5NzE0BGdycElkAzE3MjY3NjQ2BGdycHNwSWQDMTcwNTA4Mzc2NARzZWMDdnRsBHNsawN2ZmlsZXMEc3RpbWUDMTI2NDYxNDM2NA--> 1 Visit Your Group<http://groups.yahoo.com/group/IHRO;_ylc=X3oDMTJmdGpwOWltBF9TAzk3MzU5NzE0BGdycElkAzE3MjY3NjQ2BGdycHNwSWQDMTcwNTA4Mzc2NARzZWMDdnRsBHNsawN2Z2hwBHN0aW1lAzEyNjQ2MTQzNjQ-> Start a New Topic<http://groups.yahoo.com/group/IHRO/post;_ylc=X3oDMTJmY3YxbmczBF9TAzk3MzU5NzE0BGdycElkAzE3MjY3NjQ2BGdycHNwSWQDMTcwNTA4Mzc2NARzZWMDZnRyBHNsawNudHBjBHN0aW1lAzEyNjQ2MTQzNjU-> International Human Rights Organisation (IHRO), of the Indian subcontinent, is a NGO, with national focus and overseas lobby network. It agitates both in India and internationally. MARKETPLACE Going Green: Your Yahoo! Groups resource for green living<http://us.ard.yahoo.com/SIG=14ko3u4rt/M=493064.13814333.13821539.13298430/D=groups/S=1705083764:MKP1/Y=YAHOO/EXP=1264621565/L=/B=7s1BIkSO53c-/J=1264614365628875/K=swzDpLknAxpxf4HtHx310Q/A=5922843/R=0/SIG=11ckn2mo6/*http://advision.webevents.yahoo.com/green/> [image: Yahoo! Groups]<http://groups.yahoo.com/;_ylc=X3oDMTJlNm51Yzd1BF9TAzk3NDc2NTkwBGdycElkAzE3MjY3NjQ2BGdycHNwSWQDMTcwNTA4Mzc2NARzZWMDZnRyBHNsawNnZnAEc3RpbWUDMTI2NDYxNDM2NQ--> Switch to: Text-Only<ihro-traditio...@yahoogroups.com?subject=change+delivery+format:+Traditional>, Daily Digest <ihro-dig...@yahoogroups.com?subject=email+delivery:+Digest> • Unsubscribe <ihro-unsubscr...@yahoogroups.com?subject=unsubscribe> • Terms of Use <http://docs.yahoo.com/info/terms/> . __,_._,___ -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send an email to greenyo...@googlegroups.com. To unsubscribe from this group, send email to greenyouth+unsubscr...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB.
