J&K seeks Centre`s sanction for prosecution of Army men

The J&K govt has sought sanction from the Centre for prosecution of Armymen under the AFSPA in 41 human rights violation cases in the state.

Updated: Oct 26, 2010, 12:32 PM IST

Jammu: The Jammu & Kashmir government has
sought sanction from the Centre for prosecution of armymen under the Armed Forces Special Powers Act (AFSPA) in 41 human rights violation cases in the state.

"J and K Home department has sought sanction from the
Central government for prosecution of army persons under AFSPA
in 41 cases since 1990," a senior army officer of Northern
Command said.

A total of 41 cases have been received by the Central
government since 1990. Out of this, 36 cases had already been

"No prosecution sanction has been accorded by the Central
government so far. Out of 36 cases investigated, sanction was
not accorded in 14 cases, 2 were settled and 1 case was
referred back to J-K government," the officer said.

He said the remaining 19 cases are under process at the
Army Headquarters and Ministry of Defence.

"As many as 1,514 cases have been registered against army
concerning HR allegations in the last 20 years of militancy,"
he said, adding 1,508 cases had already been probed. "In as
many as 1,473 cases, nearly 97 percent of of them were found
false and baseless.

However, 35 cases (2.3 percent of total cases) were
found true. 104 armymen, including 48 officers and 56 other
ranks, have been punished for HR violations in J and K, he

"Our accountability is very strong. Our investigation
and punishment in HR cases are very fast," the officer said.
There is no room for mistakes. Army has always maintained
zero-tolerance to HR violations, he added.
Army follows certain edicts while conducting counter
terrorist operations under the AFSPA. It ensures that the
police representative is present as part of the operational
team. Exception may be in remote areas where the strength of
police force may not be sufficient for deployment in more than
one operation going on simultaneously, army officials said.

All operations are conducted jointly with the police and
recoveries made or bodies of terrorists killed are immediately
handed over to the local police.
No unilateral arrests or searches are made. All actions
are based on hard actionable intelligence, army officials
said, adding "searches of women are not conducted until women
police are present during the operation."