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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

IRCTC hit by major outage during Tatkal booking hours, leaving users frustrated

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A major technical issue disrupted the IRCTC website and mobile application today, preventing thousands of users from successfully booking their Tatkal (emergency) tickets. This outage, which occurred precisely at 10 a.m., left many users frustrated as they faced difficulties while trying to book tickets for their urgent travel needs.

The glitch was widespread, affecting both the official IRCTC website and the mobile app. When users attempted to access the platform, they were met with an error message reading, “unable to perform action due to maintenance activity.” This unexpected technical failure came as the Tatkal booking window opened, a period when millions of users rushed to secure tickets for their travel.

This is the second time in the month that the IRCTC app has faced significant downtime, triggering a wave of complaints across social media platforms. Many users took to Twitter (now X), voicing their frustration over the repeated technical failures, particularly during the highly sought-after Tatkal booking period.

Frustration continued to mount as many users expressed disbelief that the IRCTC system, which caters to millions of passengers daily, was unable to handle peak booking hours effectively. Others pointed out the recurring nature of the problem, with one user calling for immediate action from the Ministry of Railways, tagging Union Minister Ashwini Vaishnaw and the Rail Ministry’s official Twitter account. 

Despite the ongoing backlash, there has been no official response from IRCTC or the Ministry of Railways at the time of publication. The IRCTC website and app are widely used by millions of railway passengers across India, particularly for the crucial Tatkal ticket booking window, which opens at 10 a.m. daily.

The frequent glitches on the platform have raised concerns about the adequacy of the infrastructure supporting this vital service. Passengers, many of whom rely on the timely availability of Tatkal tickets, are calling for a more reliable system to prevent such outages in the future.

With the ongoing festive season and increased travel demand, users are hoping that the authorities will address these technical issues and provide a seamless booking experience moving forward.

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Anna University sexual assault case: BJP shares accused photo with Udhayanidhi Stalin, DMK responds

DMK spokesperson A Saravanan said that no matter who did the wrong, the Tamil Nadu police will take action. He claimed that those who cannot shake the DMK politically continue to spread false allegations that law and order have deteriorated.

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Anna University sexual assault case: BJP shares accused photo with Udhayanidhi Stalin, DMK responds

The BJP on Thursday alleged that the accused arrested for the alleged sexual assault of a 19-year-old Anna University student in Chennai is a repeat offender and a DMK functionary.

37-year-old Gnanasekaran of Kottur, who ran a biryani stall near the Anna University campus, was arrested by the Tamil Nadu Police. Reportedly, the accused entered the university campus, thrashed the second-year engineering student’s male friend, and then dragged her into a bush before sexually assaulting her.

This incident taking place inside the campus of a renowned university has sparked a debate, protest, and a political tussle over the safety of women in the state. Taking to X, BJP state president K Annamalai shared a picture of deputy chief minister Udhayanidhi Stalin and other DMK leaders with the alleged accused. He claimed that a clear pattern emerges from the number of such cases in the past, noting that a criminal gets closely linked to local DMK functionaries and then becomes a member of the party.

He further said that all the cases registered against the accused get suppressed, and he gets leeway by not being categorised as a history-sheeter or kept on the watchlist of the local police station.

K Annamalai also alleged that police do not investigate the existing cases against him due to the pressure from the local DMK leaders and ministers, which allows him to commit further crimes. He further questioned how long should the people of Tamil Nadu put up to this, and will MK Stalin ever take responsibility.

Reacting to the allegation, DMK spokesperson A Saravanan told a news publication that a picture with the party leader does not imply culpability of the party. He added that the accused has been arrested, and he cannot escape justice from the DMK government.

Later, in a social media post, Saravanan said that no matter who did the wrong, the Tamil Nadu police will take action. He claimed that those who cannot shake the DMK politically continue to spread false allegations that law and order have deteriorated.

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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