New Delhi: The Supreme Court on Monday posted for hearing on September 4 petitions filed by a group of 350 senior Army officers seeking protection from prosecution under the Armed Forces Special Powers Act Afspa), so that no soldier is harassed by initiation of criminal proceedings or arrest for the discharge of their duties.
A bench of Madan Lokur, Abdul Nazeer and Deepak Gupta told senior counsel Mukul Rohatgi for the petitioners and attorney-general K.K. Venugopal that the petitions would be listed before a bench of Justi-ces Madan Lokur and Uday Lalit, which passed orders in the Manipur fake enco-unter case. A group of officers from Manipur had also filed petitions.
The petitioners, Col. Amit Kumar and 350 others, in their petition, said such guidelines are necessary for the protection of the sovereignty, integrity and dignity of the country. It said the protection of soldiers engaged with direct proxy enemy and insurgency operations and acting in good faith under Afspa is imperative.
Expressing serious concern over registration of FIRs against Army personnel for their acts done in good faith during the course of their duties. They said the present writ petition was filed collectively by the soldiers and serving officers of Indi-an Army for protecting the sovereignty, integrity, security and dignity of the nation and restore the confidence and morale of the soldiers of Indian Army.
It said soldiers are facing insurmountable difficulties and odds in the performance of their bona fides and they never hesitate to lay down their lives in the line of duty in order to uphold the dignity of the Indian flag. It was pointed out that their colleagues are being persecuted and prosecuted for carrying out there bona fide duties, without making any distinction or determination with regard to act having been done in good faith, wi-thout any criminal intent.
