SC junks plea against Afspa dilution

NEWDELHI: The Supreme Court on Friday dismissed three petitions filed by over 750 army personnel challenging its decision in July 2016 to dilute the Armed Forces Special Powers Act (Afspa) on the grounds that it must not give officers the right to use “excessive or retaliatory” force.

The petitioners argued that the verdict, given in a Manipur fake encounterkillingcase, putthe lives of security officers at risk and exposed them to criminal prosecution for carrying out counter-insurgency operations.

The Centre, too, came out in support of the officers, arguing that the verdict has had a “demoralising” effect on soldiers fighting terrorism in Jammu and Kashmir.

But a bench of justices MB Lokur and UU Lalit rejected Centre’s stand and told solicitor general Tushar Mehta that the issue should be “debated” and “discussed” to evolve a mechanism so that “soldiers do not shirk fighting terrorism.”

Afspa gives immunity to security forces from criminal prosecution if they are carrying out operations in “disturbed areas”, including Jammu & Kashmir and Manipur. In July 2016, the top court asked for a thorough probe into the alleged killings in Manipur and held that “excessive or retaliatory” force by the armed forces was not permissible under Afspa. It also noted that democracy would be in grave danger if citizens were killed merely on suspicions.

In 2017, the top court ordered a Central Bureau of Investigation (CBI) investigation into 97 alleged cases of extrajudicial killings by the Indian Army, Assam Rifles and the Manipur Police in insurgency-hit Manipur.