Manipur Encounter Killings: 355 Serving Army Officers Move SC Alleging CBI Bias & Dilution Of AFSPA [Read Petition]

Three hundred and fifty five soldiers and serving officers of the Indian Army have approached the Supreme Court alleging dilution of the Armed Forces (Special Powers) Act (AFSPA) without specific amendment to that effect.The petition was mentioned before a bench comprising Chief Justice of India Dipak Misra and Justice AM Khanwilkar today by Advocate Aishwarya Bhati, representing the petitioners. The Court has agreed to hear the case on 20 August.Allegations of there having been 1582 cases of extra-judicial killings in Manipur between the years 2000 and 2012 were levelled by several petitions before the Supreme Court, leading to constitution of a Special Investigation Team (SIT) of the CBI in July, 2017.The petitioners have now alleged that the investigation against the armed forces personnel has been carried out in a “hasty manner”, without following the prescribed procedure of CBI manual. They further assert that the ongoing enquiry is being “forced” to be sped up by the court, by directing them to file charge-sheets in a time-bound manner.The petitioners contend that the procedure adopted so far has created a hostile environment on ground, leading to demoralisation of officers. The officers, they say, are in a “confused state of mind”, torn between not following orders and getting tried by Court Martial on one hand, or being prosecuted by the criminal justice system for doing their duty, on the other hand.Besides, the registration of FIRs against specific Army officers rather than the complete team or unit has also been taken objection to, submitting, “This has severely affected the morale of many officers and troops who are presently operating in these areas. Such acts against the person serving the motherland are creating hurdle in the discharge of duty as the individual is feeling reluctant and a common feeling is sinking amongst the officers and men that that any individual can be targeted individually, though he has acted as part of a team and has not done any act individually as per his own wish and plan.”They further point out that the impugned acts were committed by the officers on orders from their superiors, who in turn received orders from the Government of India. Therefore, asserting that the officers were discharging bona fide official duty, the petitioners submit that the accused officers should be given absolute immunity for the acts done for the purpose.Issues raised in the petitionA. Whether the rights of soldiers have been violated vide an order passed in Writ Petition No 129/2012 without giving fair chance to the personnel involved in the operations to represent on the orders to institute prosecution against them when Govt. of India has justified their stand and vicarious liability?B. Whether the officers who lead their men in extremely difficult environment and trying circumstances be given clear directions and so as to enable them rather than chastise them at a later stage while operating in such areas. Superseding or editing the army manuals and précis be done with respect to the initiative taking qualities and tactics that have been carefully thought of and carved to guide them in their selfless aim to curb the militancy or terrorism for protecting the sole interests of the country?C. Whether the Indian Army which has never failed their country having past glorious history of sacrifices and martyrdom find themselves standing alone and helpless with their men in the areas under AFSPA in a confused state of mind that if they don’t follow the orders they will be tried by Court Martial and if they do they will be prosecuted by criminal judicial system and legal harassment to their families who also make sacrifices and live in separation?D. Whether this is not the question of national security when the soldiers are put into such legal harassments which would lead to their eventual loss of morale or motivation for endeavours that were aimed for protection and selfless service to the motherland based upon an act passed by the parliament of India which assures adequate legal and physical safeguards?E. Whether the action in good faith of an officer and Non commissioned officer while discharging their duties granted by the law under section 4 of AFSPA is absolute and grants protection from prosecution or subject to legal scrutiny even when those actions were established through enquiries to be done in discharge of their duties?F. Whether it was correct to believe that military operations are comparable with the police operations or urban mafia without even going into the details of circumstances under which these operations are conducted which are very difficult with respect to the jungle and hilly terrain on a daily basis with no guarantee of returning alive or together in one shape and also to the fact that the Hegde commission has no such member with an experience of such operations in such a tactically challenging environment?G. Whether it was correct by the court to conclude and call...

Manipur Encounter Killings: 355 Serving Army Officers Move SC Alleging CBI Bias & Dilution Of AFSPA [Read Petition]

Apoorva Mandhani

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