No prosecution of armymen without sanction: SC
New Delhi: In an important order relating to army personnel engaged in counter insurgency operations, the Supreme Court on Tuesday ruled that those involved in encounter killings cannot be prosecuted without prior sanction of the Central government as they enjoy immunity under AFSPA.
A bench of justices BS Chauhan and Swatanter Kumar, however, said if the accused army officials are to be tried under the court martial proceedings then no such sanction was required.
The bench granted the option to the army authorities to try the officers in Pathribal and Saikhowa encounter killings under court martial proceedings or alternatively subject them to trial in criminal courts.
The court gave this ruling while rejecting CBI`s contention and upholding the appeal filed by army officers challenging their prosecution over "fake" encounters in Pathribal, J&K, 12 years ago in which 7 persons were killed.
The verdict also covered another encounter in 1994 in Saikhowa Reserve Forest in Assam`s Tinsukhia District in which five persons were killed.
More from India
More from World
More from Sports
More from Entertaiment
- Why is India indulging in peace talks with Pak despite its terrorism-inducing diplomacy?
- Why is India indulging in peace talks with Pak despite its terrorism-inducing diplomacy? - Part II
- Top wrestler Narsingh fails dope test, may miss Olympics
- UP: At least 7 children killed as school van collides with train in Bhadohi
- Rajasthan HC acquits Salman Khan in two chinkara poaching cases
- Swachh Bharat, Skill India 'transformative' schemes: President Pranab Mukherjee
- Restless Leg Syndrome: Treat the disorder with this amazingly simple trick! - Watch video
- Boris Johnson claims India owes UK multi-million pounds
- Trump's NATO comments show 'lack of preparedness': Obama
- Govt should resist urge of control everything: Arun Jaitley