SRINAGAR The Central Bureau of Investigation (CBI) has opposed a fresh trial of the BSF men involved in the 1993 Sopore massacre in which more than 53 civilians were killed on the contention that the accused personnel were found guilty during the court of inquiry (CoI) and tried by the BSF Court and also awarded sentence.
This was held by the CBI in its report which was filed before the State Human Rights Commission here. The report refers to the law that no one once can be tried and punished twice for the same offences as the same will amount to double jeopardy. The CBI reply came in response to the petition filed by the chairman International Forum for Justice and Human Rights (IFJHR) Muhammad Ahsan Untoo. The petitioner claimed that 77 civilians were killed in 1993 Sopore massacre by the BSF men. The report submitted by the CBI reads that a Staff Court of Inquiry was conducted by the BSF in the firing incident on January 6, 1993 in which 19 BSF personnel were blamed for various acts of commissions and omissions.
Constable Mohan Singh was dismissed from the service by his Unit on December 12, 1996 and his name too was deleted from the charge sheet.
Thus, all the accused personnel who were found guilty during the Court of Inquiry and Record of Evidence proceedings, were tried by the General Security Force Court under the BSF Act and Rules and based on the findings, the Court awarded sentence to the accused persons.
As per law, no one can be tried and punished twice for the same offences as the same will amount to double jeopardy, the report reads. The report also states that as per the human rights act, when in a matter final report has been filed under section 173, CRPC, (J&K), in the competent court and the matter is sub-judice, the jurisdiction of the commission to entertain any other complaint is not maintainable.
The petitioner in his application has stated that 77 civilians were killed by the BSF men on January 6, 1993 in Sopore while as 100 houses and 300 shops were torched.
The BSF personnel who have been charged under section 304/307 and 436 RPC and have been convicted, the names of those convicted BSF personnel have not been communicated, the petitioner argued.
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