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  4. SC admits pleas by 300 Army personnel challenging FIR against them in AFSPA areas

SC admits pleas by 300 Army personnel challenging FIR against them in AFSPA areas

The plea said the registration of FIR and prosecution of Army personnel was against the provisions of AFSPA as they grant immunity to them against the prosecution for actions performed during official duties.

Reported by: PTI New Delhi Published on: August 14, 2018 12:35 IST
Representative Image
Image Source : PTI

Representative Image

The Supreme Court today agreed to hear on August 20 a plea filed by over 300 Army personnel challenging registration of FIRs against them for operations in areas where the Armed Forces (Special Powers) Act (AFSPA) is in force. 

A bench comprising Chief Justice Dipak Misra and Justice A M Khanwilkar considered the submissions of lawyer Aishwarya Bhati that Army personnel are being prosecuted for performing duties in disturbed areas.

The plea said the registration of FIR and prosecution of Army personnel was against the provisions of AFSPA as they grant immunity to them against the prosecution for actions performed during official duties.

The plea said that such prosecutions lower the morale of the military and para-military forces.

Army personnel are being prosecuted for alleged excesses and fake encounters in areas like Manipur.

Some of the prosecutions have been initiated following apex court directions, especially in Manipur. 

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