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LATEST NEWS UPDATES | Govt bats for forces act

Govt bats for forces act

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published Published on Mar 27, 2012   modified Modified on Mar 27, 2012

-The Telegraph

The Centre today told the Supreme Court that no prosecution could be launched against armed forces fighting “counter-insurgency” and sought four months to decide whether to grant sanction to prosecute officers over a 12-year-old alleged fake encounter in Kashmir.

The Armed Forces (Special Powers) Act, invoked in “disturbed areas”, specifically mandates prior sanction before any prosecution can begin, the government told the court while replying to a notice on the Pathribal encounter of March 2000 in which seven persons were killed.

“The use of armed forces in counter-insurgency operations in those areas being fuelled by foreign support is necessary. The act cannot be allowed to be diluted in any manner by launching prosecution of armed forces personnel in courts of law without prior sanction of the central government,” the government said. The response came in an affidavit filed jointly by the defence and home ministries.

The affidavit said the defence ministry would apply its mind and pass orders on grant of sanction or otherwise in consultation with the CBI, which had probed the Pathribal case, in four months.

But a bench of Justices B.S. Chauhan and Swatanter Kumar did not immediately grant the government any relief. The matter will be heard again next Monday.

The CBI has chargesheeted five officers in connection with the encounter but the matter got stuck over the contentious issue of sanction for prosecution. The CBI maintains that no sanction is required but the army has resisted the plea.

The case has been pending with a Srinagar court. Both the army authorities and the erring officers had challenged the Srinagar magistrate’s order asking the army to explain, under the army act, whether it wanted to take over the case and try its own men or allow a civilian court to handle the matter.

Jammu and Kashmir High Court ruled against the army, after which it appealed to the Supreme Court. But additional solicitor-general Mohan Parasaran, appearing for the Centre, told the apex court today that without sanction no court could take cognisance of any case.

The Telegraph, 27 March, 2012, http://www.telegraphindia.com/1120327/jsp/nation/story_15300094.jsp#.T3FW-MWO0fU


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