Soldiers prosecuted for performing duties in AFSPA areas: Army personnel tell SC

SC agreed to hear on Aug 20 plea filed by over 300 soldiers challenging FIRs against them for operations in AFSPA areas.

Update: 2018-08-14 07:52 GMT
The Army is not a business. These lands are for a specific purpose and have no commercial value. The terms very clearly state that if the military does not require these lands, they must revert to the state government. (Representational image)

New Delhi: The Supreme Court on Tuesday agreed to hear on August 20 a plea filed by over 300 Army personnel challenging registration of FIRs against them for operations in areas where the Armed Forces Special Powers Act (AFSPA) is in force.

A bench comprising Chief Justice Dipak Misra and Justice A M Khanwilkar considered the submissions of lawyer Aishwarya Bhati that Army personnel are being prosecuted for performing duties in disturbed areas.

The plea said the registration of FIR and prosecution of Army personnel was against the provisions of AFSPA as they grant immunity to them against the prosecution for actions performed during official duties.

The plea said that such prosecutions lower the morale of the military and para-military forces. 

Army personnel are being prosecuted for alleged excesses and fake encounters in areas like Manipur. Some of the prosecutions have been initiated following apex court directions, especially in Manipur. 

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