(a) whether a Jawan has been charged with murder for gunning down a robber in Delhi Cantonment recently;
(b) if so, the details thereof;
(c) whether no cognizance has to be taken of any offence to have been committed while acting or purporting to act in discharge of ones official duties; and
(d) if so, the corrective steps proposed to be taken in the matter?
MINISTER OF DEFENCE (SHRI GEORGE
FERNANDES)
(a) to (d): A Statement is attached.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d)
OF LOK SABHA UNSTARRED QUESTION NO. 748 FOR
27.7.2000
A Lance Naik of Defence Security Corps, who
was on guard duty on 6.6.2000, saw two intruders
carrying some items from Engineers Store Depot,
Delhi Cantt. On being challenged, both the
intruders ran towards the boundary wall and tried
to scale it. The guard fired one round from his
rifle and injured one of the intruders. The other
one surrendered. The injured one succumbed to his
injuries in the Hospital, where he was taken by
the civil police.
2. Sections 45 and 197(2) of the Criminal
Procedure Code provide for protection to the
members of the Armed Forces of the Union for
anything done or purported to be done in the
discharge of official duties.
3. The civil police has registered a case and a
non-bailable warrant had been issued by the
Metropolitan magistrate, New Delhi, to produce the
NCO before the Court. However, the individual was
not handed over to the police. An application was
moved before the Court on 6th July 2000 to recall
the non-bailable warrant against the NCO. The
case was heard on 19th July, 2000, and the Court
has given directions to recall the warrant.