AGENCY
New Delhi: The Supreme Court on Friday said there would be no “blanket immunity” for the armed forces personnel for causing unjustified deaths until it is determined that the killings had occured in genuine encounters or insurgency operations.
While dealing with the controversial Armed Forces (Special Powers) Act, the apex court said that section 6, dealing with grant of immunity from prosecution, and section 49 of the Unlawful Activities (Prevention) Act (UAPA) giving protection for action taken in good faith, was not applicable to cases pertaining to alleged extra-judicial killings in Manipur.
“At this stage, we would like to make it clear that section 6 of the AFSPA and section 49 of the UAPA presently have no application to this case,” a bench of Justices Madan B Lokur and U U Lalit said.
The bench said “it has yet to be determined whether the deaths were in fake encounters as alleged or whether the deaths were in genuine encounters in counter insurgency operations and it has also to be determined whether the use of force was disproportionate or retaliatory or not.”
“If any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offence. No one can act with impunity particularly when there is a loss of an innocent life,” the apex court said.
It noted in its verdict that Manipur was and is still facing a “public order situation” equivalent to an internal disturbance and this situation has continued since 1958.
“A generation or two has gone by and issues have festered for decades. It is high time that concerted and sincere efforts are continuously made by the four stakeholders civil society in Manipur, the insurgents, state of Manipur and the Government of India to find a lasting and peaceful solution to the festering problem, with a little consideration from all quarters. It is never too late to bring peace and harmony in society,” the bench said.
