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Supreme Court rejects pleas of army men against FIRs in encounter deaths

Published

7 years ago

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supreme-court

[vc_row][vc_column][vc_column_text]The Supreme Court has rejected pleas from over 750 army personnel challenging its decision in July 2016 diluting the protection from prosecution, under Armed Forces Special Powers Act (AFSPA) in disturbed areas, for alleged fake encounters.

The court said the Act must not give officers the right to use “excessive or retaliatory” force.

Hearing the matter on Friday, the Supreme Court bench of Justices Madan B Lokur and UU Lalit said, “We are aware of the difficult situation faced by soldiers in disturbed areas. That is why we repeatedly asked the Attorney General on action taken on complaints of fake encounters for the past 15-20 years. When we found nothing has been done, we handed over the investigation to CBI in only those cases where a prima facie finding on possible fake encounters had been recorded by high court, judicial commission, Justice Santosh Hegde Commission or NHRC.”

The court said the Army had the option of opting for a court of inquiry even as there were several cases where the Gauhati high court granted compensation and Manipur paid, indicating the possibility of fake encounter, reported The Times of India (TOI).

The apex court clarified that protection under AFSPA would be available to soldiers for every genuine encounter.

The Supreme Court in its July 8, 2016, and July 14, 2017, judgments ordered registration of FIRs in nearly 100 of the 1,528 cases of alleged extra-judicial killings by Manipur police and the Army during 1985-2010.

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, said a report in The Hindustan Times (HT). 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, the HT report noted.

In August this year, while seeking an update on the CBI probe, the bench hit out at the agency for not arresting the officers in murder cases, commenting that CBI was letting “murderers” roam free. It was this comment that provoked the filing of the petitions by the soldiers.

The petitioners argued that the verdict, given in a Manipur fake encounter killing case, put the 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. In its submission, the Centre said that armed forces were operating in an “altogether different situation” in disturbed areas, and a balance has to be struck.

Representing the Centre, Solicitor General Tushar Mehta said, “We cannot shut our eyes to the unusual situation faced by soldiers in disturbed areas. Their hands must not shake while fighting terror. At the same time, a balance needs to be struck to ensure that a soldier does not become trigger happy. Let there be a debate on the issue of striking a balance. Till then, the investigations order by the SC need to be stalled. We cannot demoralise our armed forces.”

The court responded, “Who has stopped you from coming out with a mechanism to strike a balance? Why does it require our intervention? These are issues you (the Centre) need to decide, not the courts. We are not stopping you from debating. You can debate and find out a mechanism for striking a balance between armed forces’ operations against extremists and protecting the rights of innocent. 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?”

Advocate Aishwarya Bhati, appearing for the soldiers from the army, told the bench that the plea should be heard along with the main matter, which relates to alleged extrajudicial killings in Manipur, the HT reported. But the bench disagreed with her contention and said the two issues were separate.

Bhati contended the directions in the Manipur encounter case on AFSPA were contrary to an earlier verdict of the top court. The bench, however, retorted that the judges were forced to pass orders because the Centre had failed to give an assurance that action would be taken against members of armed forces.

“If no action is taken at all by the authorities under the Army Act, you cannot say that no investigation can go on,” the bench said.

Bhati clarified the petitioners were not asking for complete immunity but protection as they were facing “proxy war” in AFSPA areas.

“Today, we are not giving any clean chit to either side,” the court remarked, adding that CBI’s final investigation report would be subject to a court’s scrutiny, according to the HT report.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

Published

5 hours ago

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April 16, 2026

By

Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

Published

12 hours ago

on

April 16, 2026

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

Published

14 hours ago

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April 16, 2026

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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