On Tuesday, 300 army personnel approached the Supreme Court in New Delhi challenging the petition raised by SC against the military operations where the armed forces special power act (AFSPA) is in force.
The petitioners claimed that the cases are registered against those who were working in the insurgency hit-areas like Jammu & Kashmir. CBI (Central Bureau of Investigation) and civil police are the major setback and serve as the detriment to the army forces, sources said
According to our sources, lawyer Aishwarya Bhati, who filed this petition in Supreme Court comprising of Justice AM Khanwilkar and Chief Justice Dipak Mishra alleged that the prosecution of armed forces and registration of FIR was against the laws of AFSPA. The plea reported that such type of prosecutions may lower the morale of para-military and military forces and can give threat to country’s security.
CBI chief submitted during the hearing that agency is still collecting evidence of the fake encounters in Manipur. The bench of justice urged the central agency to take slow action and referred accused as ‘murderers’ who roamed the streets of Imphal freely.
According to PTI, Chief Justice Dipak Misra and Justice AM Khanwilkar considered that army personnel is prosecuted according to lawyer Aishwarya Bharti for performing and being on duty in the disturbed areas.
Only after getting the permission from the Ministry of Defense, military and non-military personnel can be prosecuted if the case is fake encounters and alleged excesses. But at the moment, the Ministry has denied the permission for this. AFSPA is in force in parts of North-East and Jammu & Kashmir, sources report.