CBI waits for govt approval to bring policemen to trial

In an investigation conducted on the orders of the Allahabad High Court,the CBI had found they can be prosecuted for culpable homicide.

The investigation was completed in March and the CBI sent a communication seeking sanction for prosecution of Aditya,a head constable and four constables. Later,it sent reminders,but received no response from the state government.

Aditya belonged to the state police service and was promoted to IPS in 1996. He is presently posted as commandant of the 25th battalion of PAC at Rae Bareli.

On January 9,2008,a student,Mukesh Yadav,died and another suffered gunshot injuries during a demonstration by students of Chaudhary Charan Singh PG College in Saifai. They were protesting against the alleged manhandling of SP leaders Shivpal Singh Yadav and Akhilesh Yadav by the police in Lucknow.

Ram Gopal,an employee of the college,moved Allahabad High Court,seeking inquiry by an independent agency,as the police had submitted a final report in the case lodged against the police officers on the order of a local court.

In November 2008,a Division Bench,comprising Justices Imtiaz Murtaza and R M Chauhan,directed the CBI to investigate the matter.

The CBI lodged an FIR against the then Etawah SSP Aditya,Additional SP (ASP) Ram Pal Gautam and five other policemen. A CBI official said they recorded statements of Aditya,Gautam and other policemen. The officers had justified the firing,stating the students had attacked the police and indulged in arson. They claimed that the police had fired in the air,and did not target students. The ballistic report,however,confirmed the bullets that killed hit the students were fired from police weapons.

The investigation found that the then SSP was present at the spot and he had ordered firing. A head constable and four constables had opened fire with their service rifles. The investigation,however,found no role of ASP Gautam in the incident,although he was present on the spot.