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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

Assam makes Muslim marriage registration compulsory under new rules

Assam has approved rules for compulsory registration of Muslim marriages, with couples able to register through government marriage registrars.

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The Assam Cabinet has approved the Assam Muslim Marriage Registration (Compulsory) Rules, 2026, establishing the procedure for mandatory registration of Muslim marriages in the state.

The rules operationalise the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, which replaced the earlier Assam Muslim Marriages and Divorces Registration Act, 1935.

Who will register Muslim marriages in Assam?

Chief Minister Himanta Biswa Sarma said Muslim couples will now be able to register their marriages with government marriage registrars.

The government had earlier decided that kazis would not register Muslim marriages under the new system, but there was uncertainty over who would carry out the registration. The newly approved rules establish the registration mechanism through marriage registrars.

Sarma said that if the number of applications becomes large, the government could give marriage-registration powers to officers at the panchayat level so that applicants do not face difficulties.

What does the 2024 law say?

The 2024 Act made the registration of Muslim marriages and divorces with the government mandatory. It also prohibits registration of marriages that do not meet the legally prescribed minimum age requirements.

The law specifies the minimum marriage age as 18 years for females and 21 years for males.

The legislation was introduced by the Assam government with the stated objective of curbing child marriage and ending the earlier kazi-based registration system.

Under the previous 1935 law, marriage registration was conducted through kazis and was not compulsory. The earlier system also allowed registration involving minors in certain circumstances, while the new law does not permit such registration.

Registration timeline and penalties

The 2024 legislation provides that Muslim marriages should be registered within 30 days of the marriage. It also provides for registration of divorces within one month of their occurrence.

The law also contains penalties for violations. Producing fake or forged certificates can attract imprisonment of up to two years, a fine of up to Rs. 10,000, or both, along with action under relevant provisions of the Bharatiya Nyaya Sanhita, 2023.

Registering a marriage in violation of the law can attract imprisonment of up to one year and a fine of up to Rs. 50,000.

The Assam Cabinet’s approval of the 2026 rules provides the administrative framework for implementing the compulsory registration system.

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Trump-Xi Summit: Trade, Taiwan and AI among key takeaways

Trade, Taiwan, artificial intelligence and strategic rivalry were among the key issues highlighted during Donald Trump’s summit with Xi Jinping in Washington.

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Trump-Xi Summit

US President Donald Trump and Chinese President Xi Jinping met at the White House amid discussions on trade, artificial intelligence and the broader strategic relationship between the United States and China.

The summit came as Washington and Beijing continued to navigate disagreements over tariffs, Chinese purchases, rare-earth supplies, technology restrictions and Taiwan.

Here are five key takeaways from the Trump-Xi summit.

Trade truce gets an extension

The United States and China agreed to extend their trade truce by two months, giving both sides additional time for negotiations.

US Treasury Secretary Scott Bessent said the extension would provide Washington and Beijing more time to work on economic issues. However, several major questions remain part of the negotiations, including tariffs, Chinese purchases, rare-earth supplies and technology restrictions.

Bessent said China was meeting its earlier commitment to buy 25 million tonnes of US soybeans but was behind its pledge to purchase $17 billion worth of other agricultural goods.

US officials have also said that Chinese rare-earth deliveries were falling short.

Taiwan remains a major point of tension

Taiwan was another important issue during the discussions.

Xi Jinping pressed Trump on Taiwan and urged the United States to handle the issue with “prudence”, according to China’s official news agency. Its English-language service also said Xi hoped Washington would oppose Taiwanese independence.

The report noted that the US has traditionally said it does not support Taiwanese independence, while avoiding an explicit statement that it opposes it.

There was no immediate White House readout of the exchange on Taiwan.

Trump and Xi differ on AI

Artificial intelligence was another area where the two leaders expressed different positions.

Trump has said he wants to avoid new AI guardrails and instead rely on the US Department of Justice. He has also maintained that China shares this approach.

Xi, however, said the United States and China have both the capability and responsibility to develop and manage AI for good.

He said AI development should remain under human control and serve people’s well-being.

The contrasting positions underline the importance of AI and technology in the broader US-China relationship.

Strategic rivalry remains a concern

Xi also referred to the “Thucydides Trap”, a theory associated with the risk of conflict between a rising power and an established one.

He argued that competition between the United States and China should be about catching up rather than a contest in which one side must defeat the other.

Xi said the risks could be overcome and called for regular military dialogue and stronger mechanisms to prevent crises.

Trump, meanwhile, highlighted areas where the two countries could cooperate, referring to their shared wartime history and common interests.

Summit also featured elaborate ceremony

The White House visit was accompanied by an elaborate display of ceremony.

The programme included military performances, fighter jets and bombers flying overhead, as well as the recently redesigned South Lawn and a large helipad bearing the presidential seal.

The highly publicised setting contrasted with the unresolved differences between Washington and Beijing on trade, Taiwan, technology and strategic issues.

The summit therefore highlighted both the effort to maintain dialogue between the two powers and the significant issues that remain unresolved.

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 Akhilesh Yadav launches SP’s 2027 UP poll campaign from Rahul Gandhi’s seat

Akhilesh Yadav launched the Samajwadi Party’s 2027 Uttar Pradesh Assembly election campaign from Rae Bareli, represented by Rahul Gandhi in the Lok Sabha.

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Samajwadi Party chief Akhilesh Yadav has formally begun the party’s campaign for the 2027 Uttar Pradesh Assembly elections, launching the outreach from Rae Bareli, the Lok Sabha constituency represented by Congress leader Rahul Gandhi.

Yadav travelled through the area on the party’s newly launched PDA Rath before addressing a public meeting. The campaign vehicle carries the Samajwadi Party’s PDA messaging, referring to its focus on backward classes, Dalits and minorities.

Akhilesh Yadav discusses alliance with Congress

During his Rae Bareli visit, Yadav said the Samajwadi Party would contest the 2027 election as part of an alliance and indicated that seat-sharing would be decided on the basis of winnability.

He said the party would give a seat to whichever alliance partner is considered capable of winning it. The remarks come against the backdrop of the SP and Congress having contested the 2024 Lok Sabha election together in Uttar Pradesh.

Rae Bareli has particular political significance for the Congress as Rahul Gandhi is its sitting Lok Sabha MP. Yadav’s decision to begin the campaign from the constituency therefore placed the SP’s alliance with the Congress in focus.

PDA Rath becomes centrepiece of campaign

The PDA Rath was rolled out as part of the SP’s mobilisation ahead of the 2027 Assembly election. The vehicle prominently carries the party’s PDA messaging, with PDA standing for Pichhde, Dalit and Alpsankhyak.

The campaign is aimed at taking the SP’s social-justice messaging to voters across Uttar Pradesh as the party prepares for the Assembly election.

During the programme, Yadav also attacked the BJP and raised issues including the Election Commission and what he described as the alleged misuse of election machinery. These are political allegations made by the SP chief and should be understood as such.

BJP reacts to Akhilesh Yadav’s campaign

The launch of the PDA Rath comes as political activity intensifies in Uttar Pradesh ahead of the 2027 Assembly election.

The BJP has responded to Yadav’s campaign and his political messaging, while the SP has continued to focus its outreach on the PDA social coalition and its alliance strategy with the Congress.

The 2027 contest is still ahead, with parties using the period before the election to strengthen their organisational networks, public outreach and alliance arrangements.

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