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

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[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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India News

Centre asks Blinkit, Zepto and Swiggy to stop 10-minute delivery claims

The Centre has urged Blinkit, Zepto and Swiggy to remove 10-minute delivery claims, citing safety concerns for delivery partners, government sources said.

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The Centre has asked quick commerce platforms such as Blinkit, Zepto and Swiggy to remove claims related to 10-minute deliveries, citing concerns over the safety of delivery partners, according to government sources.

The issue was discussed during a meeting between Union Labour Minister Mansukh Mandaviya and representatives of major food and grocery delivery aggregators. Executives from platforms including Zomato, Swiggy, Blinkit and Zepto were present at the meeting, sources said.

Safety of delivery partners discussed in meeting

Government sources indicated that the minister raised concerns about strict delivery timelines and their potential impact on the safety and well-being of delivery partners. Platforms were advised to prioritise safe working conditions instead of promoting ultra-fast delivery promises.

The discussion focused on delivery expectations, rider pressure and the broader responsibility of aggregators towards their workforce, sources added.

Blinkit revises tagline after government intervention

Following the meeting, Blinkit has revised its marketing tagline. The platform earlier promoted “10,000 plus products delivered in 10 minutes” but has now changed it to “30,000 plus products delivered at your doorstep,” according to sources.

The revision reflects a shift away from highlighting delivery speed as a key promise, in line with the concerns raised during the discussions.

The government is expected to continue engaging with aggregators on labour welfare and safety-related issues, sources said.

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AI errors in voter list digitisation causing hardship during SIR, Mamata writes to EC chief

Mamata Banerjee has written to the chief election commissioner alleging that AI-driven digitisation errors in electoral rolls are causing hardship, harassment and distress to genuine voters during the SIR process in West Bengal.

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West Bengal Chief Minister Mamata Banerjee has once again written to Chief Election Commissioner Gyanesh Kumar, alleging that errors arising from AI-driven digitisation of the 2002 electoral rolls are causing widespread hardship to genuine voters during the ongoing Special Intensive Revision (SIR) exercise in the state.

In her fifth letter since the SIR process began, Banerjee claimed that the use of artificial intelligence tools to digitise older voter lists led to serious inaccuracies in electors’ personal details. According to her, these errors have resulted in large-scale data mismatches, with many genuine voters being wrongly flagged as having “logical discrepancies”.

The chief minister accused the Election Commission of disregarding statutory processes that had been followed over the past two decades. She said voters were now being forced to re-establish their identity despite corrections having been made earlier through quasi-judicial hearings.

Calling the approach arbitrary and illogical, Banerjee alleged that it went against the constitutional spirit by effectively disowning the commission’s own past actions and mechanisms. She further claimed that voters submitting documents during the SIR exercise were not being given proper acknowledgements, terming the procedure “fundamentally flawed”.

Raising concerns over the nature of hearings, Banerjee said the SIR process had become largely mechanical and overly dependent on technical data, lacking sensitivity, human judgment and compassion. She argued that such an approach undermines democratic values and the constitutional framework.

Highlighting the human impact of the exercise, the chief minister claimed that the revision process had already seen 77 deaths, four suicide attempts and 17 cases of hospitalisation. She attributed these incidents to fear, intimidation and excessive workload caused by what she described as an unplanned exercise by the Election Commission.

Banerjee also criticised the treatment of several eminent citizens, alleging that they were subjected to harassment during the process. She further expressed concern over the handling of cases involving women voters, particularly those who had changed their surnames after marriage or shifted to their matrimonial homes.

According to her, women electors were being questioned and summoned to prove their identity, reflecting a lack of social sensitivity and amounting to an insult to women and genuine voters. She questioned whether a constitutional authority should treat half of the electorate in such a manner.

Urging immediate corrective steps, Banerjee called on the Election Commission to address the issues arising from the SIR exercise to end what she described as harassment and agony for both citizens and officials, and to safeguard democratic rights.

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Communist Party of China delegation visits BJP headquarters in Delhi

A delegation from the Communist Party of China, led by Vice Minister Sun Haiyan, visited the BJP headquarters in Delhi and held discussions on inter-party communication.

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China delegation visits BJP office

A delegation from the Communist Party of China (CPC), led by Sun Haiyan, Vice Minister of the International Department of the CPC Central Committee (IDCPC), visited the Bharatiya Janata Party (BJP) headquarters in Delhi on Monday.

During the visit, the Chinese delegation held discussions with a BJP team headed by party general secretary Arun Singh. The talks focused on ways to advance inter-party communication and engagement between the BJP and the CPC.

Sharing details of the meeting, BJP foreign affairs department in-charge Vijay Chauthaiwale said the interaction involved an in-depth exchange on strengthening party-to-party dialogue. He confirmed the visit in a post on social media, stating that the CPC delegation was received at the BJP head office as part of ongoing inter-party interactions.

The Chinese Ambassador to India, Xu Feihong, was also present during the meeting, accompanying the CPC delegation.

According to Chauthaiwale, the visit was led by Sun Haiyan in her capacity as Vice Minister of the IDCPC, underscoring the importance attached to party-level exchanges between the two sides.

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