Supreme Court to hear plea of 300 army personnel challenging police cases against them in AFSPA areas

The Supreme Court on Tuesday agreed to hear on August 20 a plea filed by over 300 army personnel challenging the filing of police cases against them for operations in areas where the Armed Forces (Special Powers) Act is in force. 

  • Published 14.08.18
  •  
The Supreme Court. Picture by Prem Singh

New Delhi, Aug 14 (PTI): The Supreme Court on Tuesday agreed to hear on August 20 a plea filed by over 300 army personnel challenging the filing of police cases against them for operations in areas where the Armed Forces (Special Powers) Act is in force. 

A bench of Chief Justice Dipak Misra and Justice A.M. Khanwilkar considered the submissions of lawyer Aishwarya Bhati that army personnel are being prosecuted for performing duties in disturbed areas.

The plea said the registration of the FIR or first information report and prosecution of Army personnel was against the provisions of the AFSPA as the act grants immunity to them against the prosecution for actions performed during official duties.

The AFSPA gives the armed forces special powers to tackle insurgency in areas that have been notified by the Union home ministry as “disturbed”.

It said that such prosecutions demoralise the military and para-military forces.

Army personnel are being prosecuted for alleged excesses and fake encounters in areas such as Manipur.

Some of the prosecutions have been initiated following apex court directions, especially in Manipur.

About
Author