SC strikes at the army’s immunity, special powers

Says it can’t use excessive or retaliatory force in troubled areas

NEW DELHI: The Supreme Court dealt a blow to the army’s immunity under a controversial law on Friday, saying it can’t use “excessive or retaliatory force” even in troubled places, and agreed to an investigation into hundreds of alleged illegal killings by security forces in Manipur.

The Armed Forces (Special Powers) Act (Afspa), which shields troops from prosecution and is in force in parts of the northeast and Kashmir, is blamed by human rights groups for illegal killings and arbitrary detentions by security forces. The military denies misusing the law.

Friday’s court verdict came on petitions from rights groups demanding an investigation by the Central Bureau of Investigation (CBI) or any special team into 1,528 alleged cases of “extra-judicial killings” by the army in Manipur in a dozen years through to 2012. “If members of ourarmedforcesaredeployedand employed to kill citizens of our country on the mere allegation or suspicion that they are ‘enemy’, not only the rule of law but our democracy would be in grave danger,” the top court said. “Society and the courts obviously cannot and do not accept such a death (extra-judicial killings) caused by the State since it is destructive of the rule of law and plainly unconstitutional,” a bench headed by Justice MB Lokur said.

The remarks are the strongest judicial rebuke yet of the army’s special shoot-to-kill powers, which trace their origins to a British-era ordinance used to suppress the

Quit India Movement of 1942. It said the situation in Manipur was, at best, an internal disturbance and not a “war-like” threat to national security. “The army’s oversight mechanism is robust,” an army officer, who did not wish to be named.

HT FILE People in Manipur protest against civilian deaths.