Fiat to Army: decide on trial or court-martial

May 2, 2012
Supreme_Court_of_I_1070402e
New Delhi, May 2: The Supreme Court on Tuesday directed the Army to decide whether its personnel involved in fake encounter killings in Pathribal in Jammu and Kashmir and Assam should be court-martialled or tried in regular criminal courts.

If Army authorities were not keen on court-martial proceedings, the Central Bureau of Investigation could seek sanction from the Centre for prosecution of the erring officers, said a Bench of Justices B.S. Chauhan and Swatanter Kumar.

The case of killing of five civilians in the March 2000 Pathribal encounter has been pending in a Srinagar trial court with both the Army authorities and the officers challenging the Magistrate's order which asked the Army to explain, under Section 125 of the Army Act, whether it would try its men or wanted the civilian court to do the job. As the Jammu and Kashmir High Court ruled against them, the Army personnel appealed to the Supreme Court.

The CBI maintained that no sanction was necessary to prosecute the erring officers under the Armed Forces (Special Powers) Act (AFSPA) as the cold-blooded murders could not be said to fall within the ambit of their official duties.

In Assam, the CBI completed the investigation and filed charge sheet against seven Army personnel in the Court of Special Judicial Magistrate, Kamrup, under Section 302/201 read with Section 109 of the Indian Penal Code, for killing five civilians in a fake encounter. In this case, the Centre maintained that sanction from the competent authority was required for the prosecution of Army personnel.

Writing the judgment, Justice Chauhan said: “The competent Army Authority has to exercise his discretion as to whether the trial would be by a court-martial or a criminal court after the filing of the charge sheet and not after cognisance of the offence is taken by the court. A conjoint reading of the relevant statutory provisions and rules makes it clear that the term ‘institution' contained in Section 7 of the Act 1990 means taking cognisance of the offence and not mere presentation of the charge sheet by the investigating agency.”

Rejecting the Centre's stand that the Army personnel facing the CBI charge sheet could not be tried as they were discharging their official duty, the Bench said: “Facts of this case require sanction of the Central government to proceed with the criminal prosecution/trial. In case option is made to try the accused by a court-martial, sanction of the Central government is not required.”

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 3,2020

Daman, Mar 3: A BJP councillor was shot dead on Monday in the Union Territory of Daman, police said.

Salim Memon was sitting in his motorcycle showroom when three to four unidentified persons shot four to five bullets after asking a visitor there to move out, an official said quoting eye-witnesses.

While fleeing, they also shot two rounds close to this visitor who was standing outside, he said.

"Memon was rushed to a hospital in Marwad area but was declared dead on arrival. CCTV footage is being scanned to nab the culprits," said Daman Superintendent of Police Vikramjit Singh.

Memon was elected to Daman municipality as a Congress candidate but then switched over to the BJP.

Sources said Memon, who also has a land brokerage business, had come out of jail a few months back in connection with a case of rivalry.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 4,2020

Mar 4: Prime Minister Narendra Modi said on Wednesday that he has decided not to participate in any 'Holi Milan' programme as experts have advised reducing mass gatherings to avoid the spread of coronavirus.

"Experts across the world have advised reducing mass gatherings to avoid the spread of COVID19 Novel Coronavirus. Hence this year, I have decided not to participate in any 'Holi Milan' programme," the PM tweeted.

This year, Holi is on March 10.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 27,2020

New Delhi, Apr 27: The number of COVID-19 cases climbed to 28,380 and the death toll due to it rose to 886 in the country on Monday, registering a record increase of 60 deaths in 24 hours, according to the Union Health Ministry.

There has been a spike of 1,463 cases since Sunday evening.

The number of active COVID-19 cases stood at 21,132, while 6,361 people have recovered, and one patient has migrated, the ministry said.

Thus, around 22.41 per cent of patients have recovered in the country so far.

The total number of cases includes 111 foreign nationals.

A total of 60 deaths were reported since Sunday evening, of which 19 fatalities were reported from Maharashtra, 18 from Gujarat, eight from Rajasthan, seven from Madhya Pradesh, two each from Karnataka, West Bengal and Uttar Pradesh, and one each from Punjab and Tamil Nadu.

Of the 886 deaths, Maharashtra tops the tally with 342 fatalities, followed by Gujarat at 151, Madhya Pradesh at 106, Delhi at 54, Rajasthan at 41, and Andhra Pradesh and Uttar Pradesh at 31 each.

The death toll reached 26 in Telangana, 24 in Tamil Nadu while West Bengal and Karnataka have reported 20 deaths each.

Punjab has registered 18 fatalities so far. The disease has claimed six lives in Jammu and Kashmir, four in Kerala while Jharkhand and Haryana have recorded three COVID-19 deaths each.

Bihar has reported two deaths, while Meghalaya, Himachal Pradesh, Odisha and Assam have reported one fatality each, according to the ministry data.

According to the Health Ministry data updated in the evening, the highest number of confirmed cases in the country are from Maharashtra at 8,068, followed by Gujarat at 3,301, Delhi at 2,918, Rajasthan at 2,185, Madhya Pradesh at 2,168, Uttar Pradesh at 1,955 and Tamil Nadu at 1,885.

The number of COVID-19 cases has gone up to 1,177 in Andhra Pradesh and 1,002 in Telangana.

The number of cases has risen to 649 in West Bengal, 523 in Jammu and Kashmir, 511 in Karnataka, 469 in Kerala, 313 in Punjab and 289 in Haryana.

Bihar has reported 277 novel coronavirus cases, while Odisha has 108 cases. Eighty-two people have been infected with the virus in Jharkhand and 51 in Uttarakhand.

Himachal Pradesh has 40 cases, Chhattisgarh has 37 and Assam has registered 36 infections each so far.

Andaman and Nicobar Islands has 33 COVID-19 cases while Chandigarh has 30 cases and Ladakh has reported 20 infections so far.

Meghalaya has reported 12 cases, Puducherry has eight cases while Goa has seven COVID-19 cases.

Manipur and Tripura have two cases each, while Mizoram and Arunachal Pradesh have reported a case each.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.