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
July 26,2020

New Delhi, Jul 26: Union Home Minister Amit Shah on Sunday saluted the valour and grit of the Indian soldiers on the occasion of 21st anniversary of the 'Kargil Vijay Diwas'.

Shah took to Twitter and said that 'Kargil Vijay Diwas' is a symbol of India's proud, valour and steadfast leadership.

"Kargil Vijay Diwas is a symbol of India's proud, valor and steadfast leadership. I bow to the soldiers who, with their indomitable courage, drove the enemy from the inaccessible hills of Kargil and waved the tricolor there again. The country is proud of the heroes of India, who are dedicated to protecting the motherland," Shah tweeted (translated from Hindi)
The country is celebrating the anniversary of the 'Kargil Vijay Diwas'.

The Indian armed forces had defeated Pakistan on July 26, 1999. Since then, the day is celebrated as 'Kargil Vijay Diwas' to rekindle the pride and valour of the soldiers who took part in Operation Vijay.

The day marks the victory of Indian soldiers in recapturing the mountain heights that were occupied by the Pakistani Army on July 26, 1999, known as the Kargil War. 

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
February 29,2020

Kollam, Feb 29: Seven-year-old Devananda, whose body was found in a lake, was laid to rest at Kudavattoor in the Kollam district of Kerala on Friday evening.

She was laid to rest near her father Pradeep Kumar's house in Kudavattoor. Earlier, the body was kept at her mother Dhanya's house in Ilavoor and Vakkanadu school, where she studied in Class 1, for the public to pay respect.

Hundreds of people visited to pay their last respects to the child.

An intense social media campaign was launched to trace the child after she was reported missing on Thursday morning.

According to police, an autopsy conducted in Thiruvananthapuram Medical College led to a preliminary conclusion that the cause of death was drowning. Residues of mud and silt have been found in her respiratory tract.

Signs of any kind of violence inflicted on the child have been ruled out. The body was released to the family after the autopsy.

Chief Minister of Kerala Pinarayi Vijayan and Opposition leader Ramesh Chennithala, BJP state president K Surendran were among many politicians who offered the condolences.

Many celebrities including Mammootty, Dulqar Salman, Kunchako Boban took to Facebook to pay their tribute to Devananda.

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

Jun 13: The Congress on Saturday accused the BJP-led government of burdening the common man with high taxes on petrol and diesel and earning Rs 2.5 lakh crore since March 5.

Congress leader Kapil Sibal said while international crude oil prices have fallen and are at the lowest level in 15 years, yet petrol and diesel prices are skyrocketing and common people continue to suffer under the Modi dispensation.

He said instead of passing the benefit of lower crude prices to consumers, petrol and diesel prices were hiked for the seventh straight day on June 13.

"The government has earned as much as Rs 44,000 crore in the last six days due to hike in petrol, diesel prices. Since March 5, the government has earned as much as Rs 2.5 lakh crore by way of increasing petrol, diesel prices.

"If the government had even the slightest feelings for the common man, instead of benefitting the companies and the government, the prime minister would have helped the common man with reduced fuel prices," Sibal said at an online press conference.

According to a report by Care Ratings, he said the hike effectively meant that the Central government is collecting around 270 per cent taxes on the base price of petrol and 256 per cent in case of diesel.

The former union minister said petrol was selling at Rs 71.41 in Delhi on May 1, 2014, when international crude oil prices were USD 106.85, while on June 12, 2020, the price of petrol was Rs 75.16 when the crude oil was at USD 38.

He said central excise and VAT cumulatively account for 69 per cent of tax on fuel in India which is higher than anywhere else in the world. He said the tax of fuel in the US was 19 per cent, Japan 47 per cent, the UK 62 per cent, France 63 per cent and Germany 65 per cent.

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.