Date: 16 June 2011
Subject: Can Army Kill, Rape & Yet Enjoy Immunity?: Supreme Court to Govt



news.outlookindia.com | Can Army Kill, Rape & Yet Enjoy Immunity?: SC to
Govt <http://news.outlookindia.com/item.aspx?725176>



Can Army Kill,Rape & Yet Enjoy Immunity?: SC to Govt
  PTI | New Delhi | Jun 16,
2011<http://news.outlookindia.com/itemindate.aspx?date=6/16/2011>















  Irked by the Centre's diametrically diverse views on army and para
military forces' immunity from criminal prosecution in fake encounter
killings, the Supreme Court today asked the government to spell out its
position on the controversial Armed Forces Special Power Act and other laws.

"You cannot say that an army man can enter any home commit a rape and say he
enjoys immunity as it has been done in discharge of official duties," the
apex court remarked.

The apex court made the remarks after senior counsel Ashok Bhan, appearing
for the Centre, voiced divergent views on two separate encounter killings
involving military personnel in J&K and Assam.

In the 2004 Chattisingpora killing in J&K, where seven youth were killed in
an alleged fake encounter by Rashtriya Rifles personnel, Bhan sought
prosecution of the army men whereas in a similar alleged fake encounter by
CRPF men in Assam, the counsel said they enjoyed immunity.

"How can you adopt diametrically different views?" the bench said, to which
Bhan admitted it was "compulsions of his professional duties."

He urged the court to de-link the two issues and deal with them separately.

However, the bench said since "the issue involved vital questions of law
relating to public", the matter would be taken up for a detailed hearing
immediately after vacation.
 Filed On: Jun 16, 2011 18:25 IST ,  Edited On: Jun 16, 2011 19:46 IST



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