This Article is From Jul 09, 2016

Army Can't Use 'Excessive Force' In Disturbed Areas, Says Supreme Court

Activist Irom Sharmila, on a hunger strike for over 14 years, has become the symbol of Manipur protests.

Highlights

  • Court asks for independent probe into alleged fake encounters in Manipur
  • Manipur has seen protests against Armed Forces Special Powers Act
  • AFSPA gives legal immunity to armed forces in 'disturbed areas'
New Delhi: The army and the paramilitary cannot use "excessive and retaliatory force" during counter-insurgency operations in disturbed areas, the Supreme Court said today in a significant ruling.

The court also asked for details of over 1,500 alleged fake encounters in Manipur, which has seen protests for years against the Armed Forces Special Powers Act or AFSPA that gives the army sweeping emergency powers.

The encounters, which allegedly took place over the last two decades, should be investigated by an independent agency, the court said. A petition against these encounters was filed a few years ago by an Imphal-based human rights organisation and relatives of those who died.

The Supreme Court had earlier appointed a committee headed by former judge and lokayukta Santosh Hedge to investigate about 60 randomly selected cases. All were found fake, but the findings have been disputed by security forces in Manipur.

Activist Irom Sharmila, who has been on a hunger strike for over 14 years, has become the symbol of protests against alleged army atrocities in Manipur.

AFSPA allows soldiers legal immunity when they are operating in "disturbed areas" or states dealing with separatists or insurgents. Soldiers are allowed to make arrests without warrants or raid any location.

Activists allege the law has been misused and has led to gross human rights violations.

Babloo Loitongbam, whose organisation is among the petitioners in today's case, said: "The Supreme Court directions are a welcome step but any inquiry into these encounters has to be impartial and independent in the true sense."
 
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