Supreme Court to hear Centre's plea to lift curbs on special powers
New Delhi: The Supreme Court on Wednesday agreed to hear the Centre’s curative petition seeking to recall the July 2016 order holding that the Army or the Manipur police cannot use excessive force under the provisions of the Armed Forces (Special Powers) Act (AFSPA) or the Unlawful Activities Prevention Act to deal with militants or insurgency.
The Centre, meanwhile, told the apex court that its verdict has “negated” the protection available to the armed forces under the AFSPA during anti-militancy operations.
A three-judge Bench of Chief Justice J.S. Khehar and Justices D.Y. Chandrachud and Sanjay Kishan Kaul, without giving any specific date, told counsel R. Balasubramanian, that the matter will be heard.
The Centre said the findings and conclusions have far reaching ramifications on the security and integrity of the territory of India especially in certain parts of India.
The Centre said the SC in its order did not take into account the express contents of statutory provisions and their interpretation especially in consonance with the ground realities under which the forces are posted in the Manipur region.