Prayer for hearing the curative petition by SC in open court is rejected.
Supreme Court has dismissed Centre’s curative petition seeking a recall of its verdict giving police liberty to probe role of armed forces in the alleged encounter cases in areas where AFSPA is in force.
Apex Court Bench headed by Justice J S Khehar and also comprising of Justice Dipak Misra, Justice J Chelameswar, Justice Madan B Lokur and Justice U U Lalit during its in-chamber proceeding wherein lawyers do not participate expounded that,”The prayer for hearing curative petition in open court is rejected. We have gone through curative petition and relevant documents. In our opinion, no case is made out within parameters indicated in decision of this court… Hence, curative petition is dismissed”.
Centre had moved the Supreme Court on April 12,2017 seeking recall of its verdict in alleged extra-judicial killings case in Manipur, stating that it has “negated” protection available to armed forces under Armed Forces Special Powers Act (AFSPA) during the anti-militancy operations.
In curative petition seeking a recall of verdict of July 8,2016 as well as order dismissing review plea, Government had submitted that action taken by army during such operations “cannot be put to the judicial scrutiny”.
Attorney General Mukul Rohatgi had submitted before the Court that matter it was a “very, very important matter” having far-reaching consequences as the armed forces were engaged in such operations regularly in the areas in North-East as well as in Jammu and Kashmir.
He further added that, “If this position maintained by impugned order continues, it may, one day, be well-nigh impossible to maintain the peace and security. Indian Army has to, in given circumstances, take quick decisions which cannot be dissected later on like an appeal against ordinary murder appeal”.
Government had submitted that as per the data, 18,670 insurgents were arrested by security forces from 1990 to 2015 in Manipur as compared to the 1,881 who died in the encounters.
Supreme Court had held that use of “excessive force” by armed forces or police was not permissible in the ‘disturbed areas’ under draconian AFSPA.
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