SC rejects petition challenging FIRs against soldiers in AFSPA areas

The Supreme Court on Friday rejected the plea of over 300 army personnel challenging the lodging of first information reports (FIRs) against soldiers involved in operations in Manipur and Jammu and Kashmir, where the Armed Forces Special Powers Act (AFSPA) is in force.

The Centre supported the petitioners in court, contending that it will have a “demoralising effect” on soldiers.

The apex court brushed aside the Centre’s request, which supported the plea and said the issue should be “debated and discussed” so that a mechanism is evolved “where hands of our soldiers do not shake while fighting terrorism”.

The AFSPA gives special rights and immunity to security forces in carrying out various operations in “disturbed” areas.

The government said that the armed forces were operating in an “altogether different situation” in disturbed areas and a balance has to be struck, but the apex court said that it was for the government, and not the courts, to come out with an internal mechanism so “that if somebody loses his life like this, it should be looked into”.

“But who has stopped you from coming out with a mechanism? Why do you require our intervention? These are issues which you have to discuss, not the courts,” a bench of justices Madan B Lokur and U U Lalit told solicitor general (SG) Tushar Mehta, who was representing the Centre.

“When there is a loss of life, even in an encounter, should not the human life demand that it should be looked into and investigation should be done?” the bench observed.

As soon as the apex court said it was dismissing the plea, the SG stood up and said he should be heard as the Centre wants that the issue be debated.

“There has to be a mechanism where hands of our soldiers do not shake while fighting terrorism,” Mehta said, adding, “human life has a value which can never be disputed”.

NEW DELHI: