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Forces in the AFSPA areas must get immunity, Govt. tells Supreme Court

April 13, 2017:

Supreme Court expounds: Ease Order for FIRs for Deaths During Operations.

Centre made a forceful attempt  for dilution of Supreme Court’s earlier judgment making registration of the FIRs mandatory for the encounter deaths during the counter-insurgency operations by armed forces, even in disturbed areas under Armed Forces Special Powers Act (AFSPA).


On July 8, 2016, SC had negated protection against the prosecution available to the armed forces personnel under the AFSPA.

“If the position maintained by impugned order continues, it may , one day, be well-nigh impossible to maintain the peace and security ,“ the Centre added.

Mukul Rohatgi , Attorney General stated that, “Indian Army has to, in given circumstances, take quick decisions which cannot be dissected later on like ordinary murder appeal. In other words, scope of judicial review against the active military operations cannot be on same parameters as in the other situations.Therefore, action taken by the Army during the operations cannot be put to the judicial scrutiny.“

Apex Court Bench headed by the Chief Justice J S Khehar told Attorney General, “You cannot expand this petition to make court deal with it again on merit.“

AFSPA is enforced in the disturbed areas of some Northeastern States and J&K, provides immunity to the armymen from inquiry the by the Police for the alleged deaths and the excesses caused during the operations against the insurgents and the militants.


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