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LATEST NEWS UPDATES | Plea for army leeway in Manipur

Plea for army leeway in Manipur

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published Published on Apr 13, 2017   modified Modified on Apr 13, 2017
-The Telegraph

New Delhi: The Centre today approached the Supreme Court seeking recall of two orders directing a probe into all cases of alleged excessive use of force under the Armed Forces Special Powers Act during counter-insurgency operations in Manipur.

Attorney-general Mukul Rohatgi urged a bench headed by Chief Justice J.S. Khehar for urgent listing of an "open court" hearing of the curative petition challenging the July 8, 2016, judgment of the apex court and its subsequent order on October 6, 2016, dismissing the government's review petition.

In those two orders, the apex court had ruled that despite the AFSPA, which grants special immunity to the armed forces, the army cannot use "excessive and retaliatory force" in Manipur. The court had directed that all allegations of excessive force in the state be probed. However, the court is yet to pass an order on which agency should investigate the alleged extra-judicial killings.

"The immediate effect of the impugned judgment is that it has hampered the Indian army's ability to respond to insurgent and terrorist situations attributable to actors within the boundaries of the country," the Centre said in its latest curative petition.

A curative petition is the last resort for a petitioner for redress of a grievance and has only a 0.1 per cent success rate in the country. Such petitions are held within the closed doors of judges' chambers.

Chief Justice Khehar, who was sitting along with Justices D.Y. Chandrachud and Sanjay Kishan Kaul, told the attorney-general that he would consider the plea "carefully" before taking a decision. No date has been fixed for the hearing.

While rejecting the Centre's contention that a "war-like situation" was prevailing in Manipur, the Supreme Court had earlier ruled that the army did not have blanket immunity to use excessive retaliatory force against suspected enemies of the country under the controversial AFSPA.

The court had held that even if a person is seen carrying a weapon in a "disturbed" area, it does not grant the security forces the right to shoot him, although it accepted that Manipur was facing "internal disturbances".

A bench of Justices Madan B. Lokur and U.U. Lalit had passed the ruling while dealing with a petition alleging 1,528 extra-judicial killings by the army and Manipur police in the past decade in the insurgency-affected state. The petition had been filed by the Extra Judicial Killings Victims Families Association and two others in 2012.

In its recall plea today, the Centre said: "The findings and conclusions set out in the impugned order have far-reaching ramifications on the security and integrity of the territory of India, especially in parts of India that are plagued by constant militant and insurgency activities. If the position maintained by the impugned order continues, it may, one day, be well-nigh impossible to maintain peace and security."

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The Telegraph, 12 April, 2017, https://www.telegraphindia.com/1170413/jsp/nation/story_146115.jsp#.WO7AhLideyA


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