New Delhi: The Supreme Court will hear on August 20 a plea against the dilution of the Armed Forces Special Powers Act that gives immunity to military personnel from prosecution for their actions in disturbed and insurgency-hit areas.
A bench headed by Chief Justice Dipak Misra agreed to hear the matter after advocate Aishwarya Bhati sought an early hearing of a plea moved by a group of serving Army officers.
The Supreme Court on Tuesday admitted a petition filed by a group of 350 Indian Army soldiers claiming that exposing them to CBI and police prosecution for exigencies during operational encounters against insurgents will endanger “national security”.
A bench headed by CJI Dipak Misra Tuesday agreed to grant urgent hearing after counsel Aishwarya Bhati said dilution of Armed Forces (Special Powers) Act (AFSPA) protection shield to armed forces personnel in disturbed areas will jeopardise the efficiency of operations against insurgents and endanger national security.
After 350 armed forces personnel, six Manipur police commandos, who were chargsheeted by CBI in alleged extrajudicial killing cases, also moved SC complaining that the Justice Madan Lokur-led bench’s remark that they were “murderers” even before commencement of trial had caused critical prejudice to them and that they do not expect fair trial.
Recently, the top court had passed an order directing the national investigating agency to register cases and prosecute armed forces personnel and policemen for alleged extrajudicial killings while operating in disturbed areas of Manipur in the last two decades.
A bench, headed by Justice Madan Lokur, had recently slammed the CBI director for delay in filing of FIRs against Manipur police commandos and armed forces personnel who were allegedly involved in what a PIL alleged as ‘extrajudicial killings’ during operations in the last two decades. The SC had asked the CBI director as to why it had not arrested the accused despite the allegations of killings.
The CBI director had told the court that after the agency filed its charge sheets, it was for the trial court concerned to decide whether to grant the accused bail or send them to judicial custody. However, the armed forces personnel, who under Armed Forces Special Power Act (AFSPA) enjoy virtual immunity from prosecution by police for alleged ‘excesses’ committed during operational exigencies, felt that anti-insurgency operations were vital to protect national integrity and that while doing so, they do not know when there would be a lethal burst of fire that could jeopardise their own lives.
