SC to hear plea against AFSPA dilution on August 20
New Delhi, Aug 14 : The Supreme Court will hear on August 20 a plea by a group of serving Army officers against the dilution of AFSPA that gives immunity to military personnel from prosecution for actions in disturbed and insurgency-hit areas.
A bench headed by Chief Justice Dipak Misra agreed to hear the plea after advocate Aishwarya Bhati sought an early hearing.
The petitioners have sought specific guidelines to protect military personnel from criminal proceedings for bona-fide actions done in the discharge of official duties in areas infested with insurgents and witnessing proxy wars against India.
The petitioners range from Section Commanders to Commanding Officers who lead section, platoon, company, battalion made of 10 to 1,000 men each.
They contended that the protection provided by the Armed Forces Special Powers Act (AFSPA) does not confer any special right to a soldier for himself, but facilitates his functioning and operations in extraordinary circumstances of proxy war, insurgency, armed hostility, ambushes, and covert and overt operations.
Drawing a distinction between routine policing and military operations in disturbed areas, they contended that absolute protection for bona-fide actions of soldiers in extraordinary situations is imperative to enable them to carry out their duties effectively and efficiently.
This protection from criminal prosecution for bona-fide actions of a soldier in the course of military operations in disturbed areas, the petition says, is sine qua non for the protection of the country's sovereignty and integrity.
The officers sought a court direction that "protection of persons acting in good faith under the AFSPA is sacrosanct with the sovereignty and integrity of the nation" and that "no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central government...."
They further averred that it was the Army alone which is familiar with the dynamics of these operations, and was capable of probing into allegation of criminality, misuse, abuse, or of excessive use of power by men in uniform.
"Civil police or even the Central Bureau of Investigation can't even be expected to be in the know of complete picture," they claimed.
The petition by Col Amit Kumar and others is rooted in a spate of complaints and FIRs against military personnel deployed in disturbed areas of the northeast and trouble- torn Jammu and Kashmir and the same being entertained by courts.
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PM Modi speaks to Iranian president, discusses 'serious' situation in West Asia
New Delhi (PTI): Prime Minister Narendra Modi on Thursday night spoke to Iranian President Masoud Pezeshkian over the phone and discussed the "serious situation" in West Asia.
Modi expressed deep concern over the escalation of tensions in the region and the loss of civilian lives as well as damage to civilian infrastructure.
The prime minister told the Iranian President that the safety and security of Indian nationals, along with the need for unhindered transit of goods and energy, remain India's top priorities.
“Had a conversation with Iranian President, Dr Masoud Pezeshkian, to discuss the serious situation in the region. Expressed deep concern over the escalation of tensions and the loss of civilian lives as well as damage to civilian infrastructure,” Modi said in a post on X.
The prime minister also reiterated India's commitment to peace and stability and urged dialogue and diplomacy to end the crisis.
The prime minister had spoken to leaders of several West Asian countries in the last 10 days in the wake of the coordinated offensive launched against Iran by the United States and Israel, in which the Islamic country's Supreme Leader, Ali Khamenei, was killed last month.
In retaliation, Iran has fired drones and missiles at Israel and US military installations around the Gulf region, including the global business and aviation hubs of Dubai and Doha.
Modi earlier spoke to the leaders of Oman, Kuwait, Bahrain, Saudi Arabia, the UAE, Jordan, Israel and Qatar, and expressed concern over the attacks on their countries, and condemned the violation of some nation’s sovereignty and territorial integrity.
He also discussed the welfare and security of the Indian community residing in those countries.
Around 1 crore Indians live in the Gulf and West Asia. While about 10,000 Indian citizens live, study and work in Iran, more than 40,000 live in Israel.
