| SICHREM files petition with NHRC |
30th December 2008
"The police are refusing to register a case against persons responsible for the incident. There is no provision to seek their prosecution from State Human Rights Commission, but it can be sought from NHRC. Since the matter is serious, it needs to be probed and those found guilty should be prosecuted” said a counsel for SICHREM.
The petition has sought direction to prosecute the army personnel who shot the boy dead.
Terming the incident as a consequence of gross misuse of power and a clear cut case of murder, another counsel for SICHREM said that Mukarram was shot without provocation. "Even while pleading self defence, the person who used force has to establish that his life was in danger. but, in this case, Army has stated that he did not respond and that there was no gesture of threat”. The matter could not have been serious if the boy was detained and prosecuted for criminal trespass under the provisions of Indian Penal Code.
As per law, whoever enters the premises in the possession of another can be prosecuted provided he does so with an intent to commit an offence or to intimidate or insult any person in possession of the property or having lawfully entered into such property and remains there unlawfully with an intention to intimidate, insult or annoy any such person or with an intention to commit an offence that amounts to criminal trespass.
Mukarram’s death
The Ministry of Defence (MoD) has ordered an inquiry into gunning down of Mohammed Mukarram Pasha on Sunday night.
Sources in the Army said that inquiry to be headed by a full colonel from the MEG (Madras Engineering Group) and Centre will investigate whether there was any breach of security at the residence of Brigadier P S Ravindranath, commander (Karnataka and Kerala) sub area. The investigation will be completed in two days and report tabled at the Army Headquarters in New Delhi.
“It will be an internal inquiry, as is the case with such incidents. The probe will look into crucial issues as to what the Army guards/sentries were doing at the time of intrusion, under what situation the intruder gained entry into a restricted area and whether security needs to be increased/tightened at other vital Army installations in the City, added Army sources.
http://www.deccanherald.com/CONTENT/Dec302008/stat
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