‘Fake kills’: SC rejects 350 Army men’s plea

Tribune News Service
New Delhi, November 30

The Supreme Court today rejected a petition by more than 350 Army men challenging FIRs against soldiers in Manipur and Jammu and Kashmir, where AFSPA is in force, overruling the Centre’s contention that it will have a “demoralising effect” on soldiers fighting terrorism.

As a Bench headed by Justice Madan B Lokur made it clear that it was going to dismiss the petition, Solicitor General Tushar Mehta said the Centre wanted to be heard and that there should be a debate on the issue.

“There has to be a mechanism where the hands of our soldiers do not shake while fighting terrorism,” Mehta said, adding, “Human life has a value which can never be disputed.”

The top court had in July 2017 ordered a CBI probe into alleged extra-judicial killings by the Army, Assam Rifles and Manipur Police in Manipur between 2000 and 2012. The use of “excessive force” was not permissible under AFSPA, it had said.

The CBI has already filed several chargesheets against security personnel in connection with fake encounter killings and over a dozen of them have been charged with murder, criminal conspiracy and destruction of evidence.

It was after the filing of chargesheets that the Army personnel challenged dilution of AFSPA, contending that military operations against insurgency would be adversely affected by such probes against Armymen. 

They had sought a direction to declare “illegal” and “unconstitutional” any investigation or adjudication regarding criminality, misuse, abuse, negligence, excessive use of power, error of judgment or mistake or actions done in good faith by soldiers operating in AFSPA areas in disregard to circumstances of insurgency and proxy war, and without taking into consideration the Army’s Standard Operating Procedure.

On Friday, the Centre came out in their support before the Bench. “The fact that over 300 soldiers have to pray for this is itself unfortunate… It has a demoralising effect. The country cannot afford that our soldiers are demoralised. Please do not stop the debate,” the ASG told the Bench, which also included Justice UU Lalit.

Brushing aside the Centre’s request, the Bench reminded Mehta that it had not yet issued notice to the Centre in the case. As Mehta insisted that the matter needed to be debated before the highest court of the land, the Bench said, “It does not concern the court. You can have your debate. You have to find it (mechanism and solution) out, not us.”

The Bench referred to the ongoing CBI probe into some Manipur encounter cases and said if a Central agency finds that someone has exceeded his powers, then inquiry should be done.