SC rejects plea against order allowing cops to probe army
The Supreme Court has dismissed the Centre's curative petition seeking a recall of its verdict giving police the liberty to probe the role of armed forces in alleged encounter cases in areas where AFSPA is in force.
"The prayer for hearing the curative petition in open court is rejected," a bench headed by Chief Justice J S Khehar said in its order passed yesterday during in-chamber proceedings in which lawyers do not participate.
"We have gone through the curative petition and the relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this court...
Hence, the curative petition is dismissed," the bench, also comprising Justices Dipak Misra, J Chelameswar, Madan B Lokur and U U Lalit, said.
The Centre had moved the apex court on April 12 seeking recall of its verdict in the alleged extra-judicial killings case in Manipur, saying it has "negated" the protection available to the armed forces under the Armed Forces Special Powers Act (AFSPA) during anti-militancy operations.
In a curative petition seeking recall of the verdict of July 8 last year as well as the order dismissing the review plea, the government had said that action taken by the army during such operations "cannot be put to judicial scrutiny".
Officers and men in the armed forces, engaged in counter- insurgency operations, are required to be given requisite measures of protection, it had said.
Attorney General Mukul Rohatgi had mentioned the matter before the court saying it was a "very, very important matter" having far-reaching consequences as armed forces were engaged in such operations regularly in areas in the north-east as well as in Jammu and Kashmir.