SC admits Armymen plea against ‘dilution’ of AFSPA
NEW DELHI: The Supreme Court on Tuesday admitted a petition filed by a group of 350 Indian Army soldiers claiming that exposing them to CBI and police prosecution for exigencies during operational encounters against insurgents will endanger “national security”.
A bench headed by CJI Dipak Misra on Tuesday agreed to grant urgent hearing after counsel Aishwarya Bhati said dilution of Armed Forces (Special Powers) Act (AFSPA) protection shield to armed forces personnel in disturbed areas will jeopardize the efficiency of operations against ultras and endanger national security.
After 350 armed forces personnel, six Manipur police commandoes, who are charge sheeted by CBI in alleged extra-judicial killing cases, also moved SC complaining that justice Madan Lokur-led bench’s remark that they are “murderers” even before the commencement of trial has caused critical prejudice to them and that they do not expect fair trial.
Recently, the top court had passed an order directing the national investigating agency to register cases and prosecute armed forces personnel and policemen for alleged extra-judicial killings while operating in disturbed areas of Manipur in last two decades.
A bench, headed by Justice Madan Lokur, had recently slammed the CBI director for a delay in filing of FIRS against Manipur police commandos and armed forces personnel who were allegedly involved in what a PIL alleged as ‘extra-judicial killings’ during operations in the last two decades.
The SC had asked the CBI director as to why it had not arrested the accused despite the allegations of killings.
The CBI director had told the court that after the agency filed its charge sheets, it was for the trial court concerned to decide whether to grant the accused bail or send them to judicial custody.
NEW DELHI: The Supreme Court has sought responses from the Centre and Assam government on a PIL accusing the armed forces and state police of allegedly indulging in fake encounters in the state.
A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud also issued notices to the CRPF, the National Human Rights Commission and others.
The bench on Monday also sought responses from General Officer Commanding of 4 Corps and chairperson of Operational Group, Unified Command -- Sashastra Seema Bal (SSB) -- CRPF commandant posted in Chirang district of Assam.
Some of the senior officials of the central forces are named in the petition filed by former bureaucrat E ASS arm a.
The PIL is based on a report filed by CRPF IG Rajnish Rai in April 2017 alleging “cold blooded fake encounter killing of two suspected members of the National Democratic Front of Bodoland (Songbijit) faction” on March 30 last year in Assam’s Simalguri village.
Senior advocate Colin Gonsalves appeared for Sarma and cited newspaper reports claiming that Rai had met some of the witnesses to the alleged fake encounter.
The former bureaucrat has sought a thorough probe into the March 30, 2017 joint operation by Army, Assam Police, CRPF and SSB at Simalguri village in Chirang district, resulting in killing of suspected NDFB(S) members Lucas Narzary aka N Langfa and David Islary alias Dayud.