Sunday, December 2, 2018

AFSPA and civilian jurisdiction in India

The Supreme Court of India has rejected a challenge by Army officers to civilian proceedings against them arising out of alleged fake encounters. The officers had sought to interpose the Armed Forces (Special Powers) Act. The court was having none of it, judging by this account:
The top court had in a ruling on July 8, 2016, ruled that the mere fact that the law was in force in a disturbed area would not give blanket immunity to the forces from any unjustified deaths.

But in this case, the court drew the line at unjustified deaths, implying that personnel would be answerable for any disproportionate force used by them in the disturbed areas. In the first instance, the central government urged the top court to review the ruling. But the court stuck to its stand.

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