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On Friday the Supreme Court rejected the plea of 300 Army personnel challenging the lodging of FIRs against soldiers involved in operations in Manipur, Jammu and Kashmir where AFSPA is in force, though the contended that it will have a “demoralising effect” on soldiers who are fighting terrorism.
The apex court set aside the fervent request of the centre that supported the plea.The government stated that armed forces were operating in disturbed areas and a balance has to be struck, but the apex court said that the government should come out with an internal mechanism and not the courts.
The Supreme Court bench comprising of Justice Madan B Lokur and U U Lalit told Solicitor General Tushar Mehta, who was representing the centre. Aishwarya Bhati representing the Army Men told the bench that the plea should be heard with the main matter which relates to alleged extra-judicial killings by the Army, Assam Rifles and police in insurgency-hit Manipur.
One of the advocates stated that around 400 retired defence personnel have approached the top court in support of the pleas filed by over 300 persons. The court had earlier setting up of a SIT (Special Investigation Team) of CBI to probe the alleged fake encounters in Manipur. The bench had observed that use of “excessive force” by the armed forces or police was not permissible in ‘disturbed areas’ under AFSPA.
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