SC flays use of 'excessive force' in disturbed areas

July 9, 2016

New Delhi, Jul 9: The Supreme Court on Friday said the use of “excessive force” by armed forces or police was not permissible in ‘disturbed areas’ under the AFSPA.

scObserving that the situation in Manipur has “never been one of war”, the court said killing citizens on suspicion that they are the “enemy” gravely endangers the democracy.

While dealing with a PIL, which complained of 1,528 extra-judicial killings in the state from 2000 to 2012 by security forces and police, it said, “If members of our armed forces are deployed and employed to kill citizens of our country on the mere allegation or suspicion that they are ‘enemy’, not only the rule of law, but our democracy would be in grave danger.”

The court, which directed a thorough probe into charges of fake encounter killings, said an inquest was needed “to know the truth” in Manipur where “we need to be clear that the situation has never been one of a war or an external aggression or an armed rebellion that threatens the security of the country or a part thereof.”

Delivering an 85-page verdict, the top court said “the public order situation in Manipur is, at best, an internal disturbance”. A bench of Justices M B Lokur and U U Lalit said that before branding a person a terrorist or insurgent, “there must be a commission or some attempt or semblance of a violent overt act”.

It said the armed forces “do not supplant the civil administration but only supplement it” and added that their deployment was “intended to restore normalcy and it would be extremely odd if normalcy was not restored within some reasonable period, certainly not an indefinite period or an indeterminate period”.

“A distinction must be drawn between the right of self defence or private defence and use of excessive force or retaliation. Very simply put, the right of self defence or private defence is a right that can be exercised to defend oneself but not to retaliate,” the bench said.

The bench also referred to an earlier verdict which cautioned against use of retaliatory force even against a dreaded criminal.

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.
Agencies
April 14,2020

Mumbai, Apr 14: Hours after Prime Minister Narendra Modi announed extension of the coronavirus-enforced lockdown till May 3, a large number of migrant workers who earn daily wages came out on road in Mumbai on Tuesday demanding transport arrangements to go back to their native places.

Bandra in Mumbai right now. Police probing what caused such a large crowd to gather. pic.twitter.com/04H1Mnggd2

— Padmaja joshi (@PadmajaJoshi) April 14, 2020

Daily wage workers have been rendered jobless ever since the lockdown was announced late last month to stem the spread of COVID-19, making their life a constant struggle.

Though authorities and NGOs have made arrangemnets for their food, most of them want to go back to their native places to escape the hardship brought by the sweeping curbs.

Wow. Thousands of ambassadors of peace doing this at #Bandra right now. Well done @OfficeofUT, well done. The world should see this.#Covid_19 #COVIDIOTSpic.twitter.com/SdinaZXm39

— Abhijit Majumder (@abhijitmajumder) April 14, 2020

According to a police official, daily wage earners, numbering around 1,000, assembled at suburban Bandra (West) bus depot near the railway station and squatted on road at around 3 pm.

The daily wage earners, who reside on rent in slums in in the nearby Patel Nagri locality, were demanding arrangement of transport facilities so that they can go back to their native towns and villages.

They originally hail from states like West Bengal and Uttar Pradesh.

Thousands of migrants gather at Mumbai's #Bandra railway station and protested. All are migrant workers, specially from Bihar-Bangal and they wanted to go home. They had hoped trains will start today. The police is investigating the matter and says crowd has been dispersed now. pic.twitter.com/NMHfv0CEpj

— Shivangi Thakur (@thakur_shivangi) April 14, 2020

One of the labourers, who did not reveal his name, said, NGOs and local residents are providing food to migrant workers, but they want to go back to their native states during the lockdown which has badly affected their source of livelihood.

"Now, we dont want food, we want to go back to our native place, we are not happy with the announcement (extending the lockdown)," he said, looking dejected.

Asadullah Sheikh, who hails from from Malda in West Bengal, said, We have already spent our savings during the first phase of the lockdown. We have nothing to eat now, we just want to go back at our native place, the government should made arrangements for us.

This happened in bandra just minutes back ! This can be potentially dangerous. Mumbai anyways is a hotspot ! What is the @MumbaiPolice and @OfficeofUT doing ???? Did @uddhavthackeray not provide food and shelter to such migrants ? #mumbai #UddhavThackeray #Lockdown2 pic.twitter.com/AeSuqbwhyN

— Megha Prasad (@MeghaSPrasad) April 14, 2020

Another labourer, Abdul Kayyun, said I am in Mumbai for last many years but have never seen such a situation. The government should start trains to shift us from here to our native place."

Heavy police deployment was made at the protest site to tackle any untoward incident.

Personnel from other police stations were called at the spot to maintain order, the official addd.

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 2,2020

New Delhi, Mar 2: Senior Congress leader P Chidambaram on Sunday hit out at Union Home Minister Amit Shah for his comments that no one from the minority community will be affected by amended Citizenship Act and asked why then was the community excluded from the law in the first place.

Addressing a rally in Kolkata, Shah assured people of the minority community that not a single person will lose citizenship due to the Citizenship (Amendment) Act (CAA).

"The Home Minister says that no minority will be affected by CAA. If this is correct, they should tell the country who would be affected by CAA. If no one would be affected by CAA, as it currently is, why did the government pass the law?

"If the CAA aims to benefit all minorities (no one will be affected, says HM), then why are Muslims excluded from the list of minorities mentioned in the Act?," the former finance minister asked in a post on Twitter.

At his first public rally in Kolkata after the 2019 general elections, Shah said, "The opposition is terrorising the minorities. I assure every person from the minority community that the CAA only provides citizenship, does not take it away. It won't affect your citizenship."

"The opposition parties are spreading canards that refugees will have to show papers but this is absolutely false. You don't have to show any paper. We will not stop until all refugees are granted citizenship," Shah told the public.

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
June 13,2020

New Delhi, Jun 13: India's COVID-19 tally on Saturday witnessed its highest-ever spike of 11,458 cases, according to the Union Ministry of Health and Family Welfare (MoHFW).

A total of 386 deaths have been reported due to the infection during the last 24 hours.

The total number of coronavirus cases in the country now stands at 3,08,993 including 1,45,779 active cases 1,54,330 cured/discharged/migrated and 8,884 deaths.

COVID-19 cases in Maharashtra continue to soar with the number reaching 101141. Tamil Nadu's coronavirus count stands at 40,698 while cases in Delhi reached 36,824.

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.