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Devinder Singh Vs. State of Punjab through Central Bureau of Investigation [25/04/16]

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[With Criminal Appeal No.352/2016 @ SLP (CRL.) Nos.3324/2016 @ CRL.MP No.10040/2004]. In the appeals the question involved is whether in view of the provisions contained in section 6 of Punjab Disturbed Areas Act, 1983 (as amended in 1989) (for short "the 1983 Act") the prosecution or other legal proceedings relating to Police officers can be instituted without prior sanction of the Central Government. The case set up by the appellants in Criminal Appeal No.190 of 2003 is that they are the officers of the Punjab Police. At the relevant time they were entrusted with the duties and responsibilities of public order and peace in the State of Punjab. It is averred by the appellants that, in the early 1980s, there was a sudden spurt in the terrorist activities, massive killings at the hands of terrorists, looting, extortions, kidnapping, resulting into total collapse of the civil administration. More than 25,000 civilians, 1800 men in uniform and their relatives had been killed at the hands of the terrorists resulting into migration of civil population in the border districts of Amritsar, Ferozpur and Gurdaspur.

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