The Centre on Wednesday informed the Supreme Court that a “war-like situation” is prevailing in the country, especially in the north-east and Jammu and Kashmir areas, either due to insurgency or due to “home-grown groups” colluding with anti-national forces for seceding from India. Making this submission before a bench of Justices Madan B. Lokur and Uday Lalit, which was hearing a petition on extra judicial killings in Manipur, Attorney-General Mukul Rohatgi said the problem of insurgency cannot be tackled like a mere law and order problem. In a war-like situation, either you apprehend the person or kill him, he said and added that there is no alternative. He rejected the charge that the Army was engaged in cold blooded murders of innocent persons.
The AG, assisted by counsel R. Balasubramaniam and Sunil Mathews, told the court that under the Army Act, if the security forces fail to combat the enemy, they are liable for punishment, including death. The AG said, “several hundreds of Army personnel have sacrificed their lives combating these anti-national forces in places like Manipur and J&K. In such instances, it was never the security forces which fired first, but the insurgents who engaged them in the battle.”
The AG said, “We are dealing with a war-like situation. We are dealing with a war or war-like situation involving insurgency, rebellion and secessionists forces. Their movement is to liberate Manipur from India. A large number of groups want secession. There is insurgency across the borders in collusion with home-grown groups, whether it is in the north east or J&K.”
Meanwhile, during the course of the hearing, the bench issued notices to the editors of three newspapers: Sangai Express, Mail Today and Imphal Free Press, seeking explanation for incorrect reporting of the proceedings.
He said the army has certain special powers and such powers and duties cannot be compared with other wings like police or any other government organisations. “Our sole test is if such things are happening (insurgency), we have to act, under the AFSPA. Otherwise we will be held guilty. We don’t count bullets. Army does not collect empty shells. We have to fire. We have to save ourselves. Save the country and its people.”
The arguments will continue on Thursday.
