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

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5 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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2024 Lok Sabha Elections

PM Modi says Congress leaders consider themselves above Lord Ram

PM Modi slammed Congress during a rally in Chhattisgarh, ahead of the Lok Sabha elections 2024

Published

9 hours ago

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April 23, 2024

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Prime Minister Narendra Modi slammed the Congress party for declining to attend the pran pratishtha ritual at the Ayodhya Ram temple on January 22 this year.

The prime minister said Congress leaders consider themselves above Lord Ram and denied invitation for Pran Pratishtha at Ram Temple, while speaking at a rally in Janjgir-Champa, Chhattisgarh. The PM question the people present at the rally that is it not a disrespect of Mata Shabri? Congress leaders inclination toward appeasement politics runs in their family.

For political appeasement, they won’t think twice about stealing the rights of Adivasis, the poor, and Dalits. Poor, young, and women are BJP’s top priorities, Modi said.

PM Modi criticized the Congress again during the rally for claiming that the BJP would alter the constitution.

The leaders of Congress recite the same old phrases whenever an election is about to happen, the PM said. He also said they claim that if the BJP wins power, it will renounce the constitution and abolish reservations. For how long will you continue selling lies?” he asked.

The prime minister continued saying that nobody can change the Constitution, even if Dr. Babasaheb Ambedkar were to come and insist on it, it wouldn’t happen.

Those in the Congress threaten to break Modi’s head. Nobody can harm Modi as long as the mothers and sisters of this county stands by him. These mothers and sisters are Raksha Kavach, Modi remarked.

The prime minister further attacked the Congress after Viriato Fernandes, the party’s candidate for South Goa, asserted that Goa was forced to adopt the Indian Constitution.

Referring to his conversation with Congress leader Rahul Gandhi ahead of the 2019 Lok Sabha elections, Fernandes said he had told him, when Goa was liberated in the year 1961, the Indian Constitution was forced upon us.

The prime minister said, Congress candidate from Goa says Constitution was forced upon Goans; is this not an insult of Ambedkar and Constitution.

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2024 Lok Sabha Elections

Amit Shah says neither Congress nor Trinamool chief Mamata Banerjee can interfere with CAA

Amit Shah revealed the BJP’s target for West Bengal and said they have set a target of winning 35 Lok Sabha seats from West Bengal.

Published

11 hours ago

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April 23, 2024

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Union home minister Amit Shah on Tuesday said neither Congress nor Trinamool Congress chief Mamata Banerjee can interfere with the Citizenship Amendment Act (CAA). He was speaking at the Karandighi rally in West Bengal where he also made the prediction as to how many seats BJP will win in the Lok Sabha elections in West Bengal.

The union home minister asked the masses to cut the money culture. Amit Shah revealed the BJP’s target for West Bengal and said they have set a target of winning 35 Lok Sabha seats from West Bengal. In 2019 Lok Sabha elections the BJP had won 18 out of 42 seats in West Bengal. He asked Mamata Banerjee, what problem will she have if the Buddhist and Hindu refugees from Bangladesh get citizenship in India?

Shah further added if the people of West Bengal want to stop infiltration in the state, then they will have to make Narendra Modi the Prime Minister of India again. He said if the people of West Bengal want to free Bengal of violence, stop infiltration in the state, give citizenship to refugees, to stop disrespecting mothers and sisters of the state as it happened in Sandeshkhali, then  only way is to make Narendra Modi the Prime Minister.

Amit Shah said that PM Modi had sent Rs 7 lakh crore to West Bengal but the TMC indulged in corruption. He said one can see the houses of Trinamool Congress leaders; 10 years ago they used to live in a hut, moved on cycle and now all of them have 4-storey houses and move around in big cars. He added this is the money of people of West Bengal.

The Citizenship Amendment Act (CAA), will make it easier for non-Muslim refugees from Afghanistan, Pakistan and Bangladesh to get Indian citizenship, was enacted in 2019. But the rules were notified in March this year by the Centre.

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2024 Lok Sabha Elections

Prime Minister Narendra Modi says listening to Hanuman Chalisa under Congress rule is a crime

PM Modi was addressing an election rally in Rajasthan’s Tonk-Sawai Madhopur, on a day as India celebrates Hanuman Jayanti.

Published

14 hours ago

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April 23, 2024

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Prime Minister Narendra Modi on Tuesday hit out at the Congress and said even listening to Hanuman Chalisa has become a crime under the party’s rule. The Prime Minister also said it was difficult to follow one’s faith under the party and accused it of hatching a deep conspiracy to snatch people’s wealth and distribute it among selected few people in the society. PM Modi was addressing an election rally in Rajasthan’s Tonk-Sawai Madhopur, on a day as India celebrates Hanuman Jayanti.

PM Modi said in a state like Rajasthan where people chant Ram-Ram, Congress banned Ram Navami. He reffered to the redistribution of wealth remarks he had made during a rally in Rajasthan’s Banswara on Sunday and said it has angered the Congress and INDI Alliance so much that they have started throwing abuses at Modi everywhere.

The Prime Minister said that Congress has written in their manifesto that they will survey the wealth. He said the Congress leadership had said in a speech that an X-ray of wealth will be done. He added when Modi exposed the secret then the hidden agenda came out and this has left the people trembling. PM Modi further added that the Congress party has played with the Constitution of the India.

He said when the Constitution was drafted, reservations based on religion were opposed, so that Scheduled Casts (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) could get protection. He said former Prime Minister Dr Manmohan Singh had said that Muslims have the first right to the country’s resources.  The prime minister further added Congress’s ideology has always been of appeasement and vote bank politics. He said stones would still be pelted in Jammu and Kashmir, and enemies would still be cutting off the heads of India’s soldiers had Congress been in power.

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