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SC stays Andhra HC order on FIR against ‘killer’ cops

The Supreme Court on Wednesday stayed a recent order of the Andhra Pradesh High Court,which,if implemented...

The Supreme Court on Wednesday stayed a recent order of the Andhra Pradesh High Court,which,if implemented,would have put policemen in the dock for causing the death of any person while discharging their duties.

A five-judge Bench of the Andhra High Court had on February 6 ruled that wherever a police officer causes a death of a person,acting in discharge of official duties,an FIR must be registered against him,under the relevant provisions of law.

The Andhra Pradesh Police Officers Association,comprising personnel from the ranks of constables to inspectors,challenged the decision before the bench headed by Chief Justice K G Balakrishnan. Senior advocate Harish Salve,appearing for the association,said,“If this is implemented,FIRs and cases would be filed against policemen who killed terrorists in Parliament attack case or the Mumbai terror attack.”

“All the policemen or commandos who killed the terrorists would be made accused,” Salve argued. “This would mean that no action could be taken against the terrorists and subversive elements,” he said while seeking an ex-parte stay.

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Agreeing to examine the decision,the bench also comprising Justice P Sathasivam and J M Panchal stayed the decision and sought a response from the state Government. The matter will now come up for hearing on March 20.

Besides state Government,the court also issued notice to the NGO on whose petition the High Court order came. The High Court had passed the directions in a case relating to the killings of eight Maoists in 2006 by the special anti-Naxal unit of the Andhra Pradesh Police.

First published on: 05-03-2009 at 01:14:30 am
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