SC Rejects Plea Of Army Men Challenging FIRs Against Armed Forces Personnel In AFSPA Areas
6 years, 4 months ago

SC Rejects Plea Of Army Men Challenging FIRs Against Armed Forces Personnel In AFSPA Areas

Live Law  

The Supreme Court on Friday rejected the plea of over 300 Army personnel challenging the lodging of FIRs against soldiers involved in operations in Manipur and Jammu and Kashmir, where AFSPA is in force, though the Centre contended that it will have a "demoralising effect" on soldiers who are fighting terrorism.The apex court brushed aside the fervent request of the Centre which supported. The Supreme Court on Friday rejected the plea of over 300 Army personnel challenging the lodging of FIRs against soldiers involved in operations in Manipur and Jammu and Kashmir, where AFSPA is in force, though the Centre contended that it will have a "demoralising effect" on soldiers who are fighting terrorism. The apex court brushed aside the fervent request of the Centre which supported the plea and said the issue should be "debated and discussed" so that a mechanism is evolved "where hands of our soldiers do not shake while fighting terrorism". The government said that armed forces were operating in an "altogether different situation" in disturbed areas and a balance has to be struck, but the apex court said that it was for the government, and not the courts, to come out with an internal mechanism so "that if somebody loses his life like this, it should be looked into".

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History of this topic

As blood of ‘fake encounters’ singes AFSPA, the law needs to be done away with in totality
2 years, 11 months ago

As blood of ‘fake encounters’ singes AFSPA, the law needs to be done away with in totality

Firstpost  

Security experts argue that AFSPA should not be construed as a ‘licence to kill’. And that charges of extrajudicial killings or ‘fake encounters’ against armed forces personnel must be investigated Good legislation is necessary, effective, clear and coherent. However, the Gauhati High court also looked into the matter and ruled that since the Assam Rifles had been deployed under the …

AFSPA: Criminal misuse for decades
3 years, 6 months ago

AFSPA: Criminal misuse for decades

The Hindu  

THE Armed Forces Act, 1958, has repeatedly come under public scrutiny over the years, more recently following the killing of Mangboilal Lhovum in Manipur on June 4, allegedly by an army man. In 1956, in the context of the Naga people’s armed resistance to joining the Union of India, Prime Minister Jawaharlal Nehru wrote to the then Chief Minister of …

Indian Army says troops violated AFSPA rules in Shopian encounter, will face action
4 years, 6 months ago

Indian Army says troops violated AFSPA rules in Shopian encounter, will face action

India Today  

Prima facie evidence indicates that Indian Army personnel concerned exceeded powers vested in them under the Armed Forces Special Powers Act during an encounter in Jammu and Kashmir's Shopian district. The internal inquiry was ordered by Army authorities into Operation Amshipora after the family of the three men killed alleged it was a "fake encounter" and that the men had …

SC Rejects Plea Of Army Men Challenging FIRs Against Armed Forces Personnel In AFSPA Areas
6 years, 4 months ago

SC Rejects Plea Of Army Men Challenging FIRs Against Armed Forces Personnel In AFSPA Areas

Live Law  

The Supreme Court on Friday rejected the plea of over 300 Army personnel challenging the lodging of FIRs against soldiers involved in operations in Manipur and Jammu and Kashmir, where AFSPA is in force, though the Centre contended that it will have a "demoralising effect" on soldiers who are fighting terrorism.The apex court brushed aside the fervent request of the …

Supreme Court to hear plea of army men challenging prosecution in AFSPA areas
6 years, 7 months ago

Supreme Court to hear plea of army men challenging prosecution in AFSPA areas

Hindustan Times  

The Supreme Court today said that it will hear on September 4, a plea by over 300 Army personnel challenging registration of FIRs against them for operations in Manipur and Jammu and Kashmir where the Armed Forces Act is in force. The Supreme Court has said the matter has to be heard by the bench which had passed an order …

SC to hear plea of army men challenging prosecution in AFSPA areas of Manipur, Jammu and Kashmir on 4 September
6 years, 7 months ago

SC to hear plea of army men challenging prosecution in AFSPA areas of Manipur, Jammu and Kashmir on 4 September

Firstpost  

The Supreme Court on Monday said that it will hear on 4 September, a plea by over 300 army personnel challenging the registration of FIRs against them for operations in Manipur and Jammu and Kashmir where the Armed Forces Act is in force. New Delhi: The Supreme Court on Monday said that it will hear on 4 September, a plea …

Supreme Court to hear Centre's plea to lift curbs on special powers
7 years, 11 months ago

Supreme Court to hear Centre's plea to lift curbs on special powers

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday agreed to hear the Centre’s curative petition seeking to recall the July 2016 order holding that the Army or the Manipur police cannot use excessive force under the provisions of the Armed Forces Act or the Unlawful Activities Prevention Act to deal with militants or insurgency. The Centre, meanwhile, told the apex court …

Editorial on Supreme Court order on AFSPA: Ending impunity under AFSPA
8 years, 8 months ago

Editorial on Supreme Court order on AFSPA: Ending impunity under AFSPA

The Hindu  

“Accountability is a facet of the rule of law.” This established legal principle has acquired fresh significance after the >Supreme Court ruled that the armed forces cannot escape investigation for excesses in the course of the discharge of their duty even in “disturbed areas”. While hearing petitions demanding an inquiry into 1,528 deaths in counter-insurgency operations and related incidents in …

No recent cases of misuse of law by AFSPA in the North East, says Army
8 years, 9 months ago

No recent cases of misuse of law by AFSPA in the North East, says Army

Firstpost  

Defending the imposition of the controversial Armed Forces Special Powers Act in the North East, the Army on Monday said there was no recent cases of misuse of the law in the region. Kolkata: Defending the imposition of the controversial Armed Forces Special Powers Act in the North East, the Army on Monday said there ware no recent cases of …

Don't allow Armymen to take cover under AFSPA, says Verma
12 years, 2 months ago

Don't allow Armymen to take cover under AFSPA, says Verma

The Hindu  

Verma Committee, set up to suggest amendments to laws relating to crimes against women, has recommended review of the continuance of the Armed Forces Act in the context of extending legal protection to women in conflict areas. “This is necessary for determining the propriety of resorting to this legislation in the area concerned.” >Full text of Justice Verma's report In …

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