GUWAHATI: The Gauhati High Court (GHC) has heard a Public Interest Litigation (PIL) that demands a Criminal Investigation Bureau (CBI) enquiry into the deaths of six Assam police personnel, one civilian, and injuries sustained by more than 70 civilians in the July 26 Assam-Mizoram border clash.
The petition was filed by Jitu Deka (39), a resident of Dadara Police Station, Hajo.
Deka filed the petition under Article 226 of the Constitution of India (Enforcement of the Fundamental Rights guaranteed to the citizens of India under Articles 14 and 21 of the Constitution).
Speaking to InsideNE, senior advocate Amit Goyal said, “According to the petitioner, since proper investigation in the matter is not going on so it should be handed over to CBI for a fair trial.” Goyal has represented the case of Jitu Deka in the court.
The bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak stated that any dispute between two states falls under the exclusive jurisdiction of the Supreme Court. The Gauhati High Court wants to examine whether it can exercise its power in view of article 131 of the Indian Constitution.
“The purpose of the court is not to settle the border dispute. But as far as killing is concern, the people who are responsible for it needs to be investigated” Goyal said in the court.
Goyal further added that since there have been allegations against both Assam and Mizoram police and Light Machine Guns (LMG) and other weapons were used during the clash, it is better to refer the matter to CBI so that a fair investigation can be carried out
Before adjourning the hearing, the Gauhati High Court has asked all advocate generals of the states to examine whether it can take up the matter.
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