In an unprecedented development, over 300 serving Armymen are likely to move the Supreme Court on Tuesday over their fundamental rights, asking whether a soldier’s discretion can be put under legal scrutiny. Their petition will be against the the dilution of the, Armed Forces Special Power Act, under which the personnel enjoy immunity from prosecution by police for alleged ‘excesses’ committed during exigencies.
With the actions of on-duty Army officers increasingly being scrutinised by internal security agencies and the judiciary, around three-hundred serving officers of the Army, in their personal capacities, are going to file a writ petition in the country’s apex, according to two news reports.
They are going to ask a number of questions, including, ‘Can the discretion of a soldier be put under legal scrutiny?’ and ‘Can anything be above national security?’
On August 2, an Army officer was booked by the CBI in relation to an alleged fake-encounter in Manipur. The central agency was conducting its probe on the orders of the Supreme Court, and the case, which relates to a 2009 incident, had been registered under murder-related sections of the Indian Penal Code. The incident had been termed a fake encounter the SC appointed commission. Earlier, in July 2017, the Supreme Court had entrusted the CBI with over 40 cases of alleged extrajudicial killings.
Meanwhile, in Jammu and Kashmir, an FIR had been filed by the police under sections 302 (murder) and 307 (attempt to murder) of the IPC against Major Aditya and his unit of the 10 Garhwal Rifles over the Shopian Firing incident of January 27 when three civilians were killed after Army personnel fired at a stone-pelting 200-strong mob of protestors in J&K’s Shopian district.
The Supreme Court is currently hearing the plea of Major Aditya’s father, Lt Col Karamveer Singh, seeking to quash the FIR against his son. Lt Col Singh had said in his petition that Major Aditya was “wrongly and arbitrarily” named in the FIR as the incident relates to an Army convoy that was on bonafide military duty in an area under AFSPA.
In the petition, the serving officers will raise the following points (among others), according to Republic TV.
Whether the rights of a soldier has been violated in the probe?
The trying circumstances under which the officers serve in their aim to curb militancy and terrorism in order to protect the interests of the country?
Whether members of an institution with a glorious history of martyrdom and sacrifice should serve under the threat of being tried under court martial if they don’t follow orders and prosecuted by the criminal justice system if they do?
Whether anything can be put above national security?
Won’t this affect their morale?
Whether the court applying a murder charge even while the investigations were ongoing is right? Whether it would prejudice agencies in the matter?
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