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LATEST NEWS UPDATES | Forces in AFSPA areas must get immunity, govt tells SC -Dhananjay Mahapatra

Forces in AFSPA areas must get immunity, govt tells SC -Dhananjay Mahapatra

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published Published on Apr 13, 2017   modified Modified on Apr 13, 2017
-The Times of India

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

In an order on July 8, 2016, the SC had negated the protection against prosecution available to armed forces personnel under AFSPA. "If the position maintained by the impugned order continues, it may, one day, be well-nigh impossible to maintain peace and security," the Centre said. Its strong pitch acquires significance in the context of a surge in violence in J&K and the Army chief 's warning that stone-pelters obstructing anti-insurgency operations will be treated as terrorists themselves.

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

The AG's argument was a powerful illustration of the "tough" stand that the Centre has pursued in dealing with secessionist violence in AFSPA areas, especially in J&K.

It also marked a defiance of the view that AFSPA, with its guarantee of legal immunity, could encourage excesses, with the AG bluntly saying the Army needed to use full force when faced with insurgents armed with sophisticated weaponry. With a very slim chance of getting the judgment diluted in favour of the armed forces, the Centre engaged Rohatgi to drive home the apprehension of armed forces through a curative petition.

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The Times of India, 13 April, 2017, http://timesofindia.indiatimes.com/india/forces-in-afspa-areas-must-get-immunity-govt-tells-sc/articleshow/58156332.cms


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