SC upholds decision on probe of Army killings in AFSPA areas

New Delhi: The Supreme Court upheld its decision directing the government to probe every case of alleged extra judicial killing even in areas where the Armed Forces (Special Powers) Act (AFSPA) is in force.

On Thursday, the apex court rejected a curative petition filed by the government seeking to review the court’s 2016 verdict that mandates a compulsory police inquiry of suspected extra-judicial killings by the armed forces in areas under the AFSPA.

A curative petition is the last legal resort to correct a ruling of the apex court.

“The matter was heard in chamber and the union’s plea was dismissed,” R. Balasubramanian, a lawyer representing the government, said.

In July 2016, a bench comprising justices Madan B. Lokur and U.U. Lalit had ruled that every allegation of use of excessive force by the armed forces or state police in Manipur that results in the death of an individual must be looked into.

The court made the registration of a first information report (FIR) mandatory in such cases.

The ruling came on a petition filed by Extra Judicial Execution Victim Families Association seeking an inquiry into 1,528 alleged encounter killings in the state.

The court had appointed advocate Menaka Guruswamy to assist the court in the case.

The government’s top law officer, attorney general Mukul Rohatgi, told the court that the verdict has impeded operations against militants.

AFSPA was enacted in 1958 to bring under control what the government of India considered ‘disturbed’ areas. It gives the armed forces special rights and immunity in conflict-ridden areas. The law is currently in force in at least six states in the North East and Jammu and Kashmir.

The apex court is currently monitoring the probe in the 1,528 cases of alleged extra judicial killings.

Shaswati Das in New Delhi contributed to the story.