The Centre on Wednesday moved the Supreme Court seeking a hearing on its curative plea against the court’s 2016 verdict allowing police investigations against armed forces engaged in operations against militants where the AFSPA is in force.
The apex court in its verdict delivered on 8 July, 2016 had given the state police liberty to probe the role of armed forces in alleged encounter cases in areas where the Armed Forces Special Powers Act (AFSPA) is in force.
A bench of Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul agreed to hear the curative plea, which says the army and paramilitary forces are combat forces and should not be put under such fetters during anti-militancy operations.
Attorney General Mukul Rohatgi, appearing for the Centre, assailed the apex court verdict giving the state police power to probe the role of armed forces in anti- militancy operation.
“This court ought to have appreciated that the principles of right to self defence cannot be strictly applied while dealing with militants and terrorist elements in a hostile and unstable terrain. This court ought to have taken into account the complexity and the reality of the conduct of military operations and tactics especially while combating terrorists,” the curative plea said.
The apex court verdict on investigating the role of armed forces in encounter cases had come on a plea alleging that armed forces were misusing the protection under AFSPA in Manipur during anti-militancy operation.