Army Fake Encounters: Prosecute without sanction under AFSPA

‘No sanction needed for army men’s prosecution’: CBI to SC
The CBI on Friday told the Supreme Court that no sanction was required either under the Armed Forces (Special Powers) Act or Code of Criminal Procedure Code for prosecution of army officers allegedly involved in the fake encounter killings of five persons at Parthibal in Jammu and Kashmir.

Senior counsel for CBI Ashok Bhan told a bench of justices BS Chauhan and Swatanter Kumar that the question of sanction would arise only after cognizance had been take by a magistrate, but in the present decade-old case the army chose to challenge the prosecution at the time of the charge sheet.

‘No sanction needed for army men`s prosecution’

Seven people were gunned down by army personnel on March 25, 2000, at Pathribal in South Kashmir and they were branded as terrorists of Lashker-e-Taiba group who were responsible for the gunning down of 36 Sikhs at Chittisingpura in the same district on the intervening night of March 19-20, 2000.

Citing a catena of apex court judgements, Bhan said, “Sanction is not required. Colour of duty is very important if it is not in accordance with the nature of duty and colour of office then no immunity is available to army officers.

“Institution of the case is not necessarily to be accompanied by sanction and the question of sanction will arise only after cognizance had been taken under 190 CrPC.”

Meanwhile, Additional Solicitor General Mohan Parasaran sought time from the bench for placing on record the Centre’s view on the controversy between CBI and army on the issue.

‘No sanction needed for army men`s prosecution’

Bhan said the so-called weapons recovered from the scene of “fake encounter” was actually planted by army personnel.

“Therefore, it is a case of fake encounter murders which cannot be immune under section 6 and 7 of AFSPA. So it will come under the ordinary penal law of the country, CBI does not need prior sanction,” he said. -via Zee News
‘No sanction needed for army men’s prosecution’: CBI to SC

Potential army chief Bikram Singh gets clean chit.
Monday, 16 January 2012 07:3
Srinagar: The northern army commander, Lt General KT Parnaik, on Sunday virtually exonerated Eastern Command chief Lt General Bikram Singh in a fake-encounter controversy, saying a closure report had been filed after a joint investigation with police.
Singh faces allegations that the I Sector Rashtriya Rifles unit in Kashmir, which he headed in 2001, faked a gunfight to kill a civilian and pass him off as a foreign militant at Janglat Mandi in Anantnag district.
The "encounter" had killed a colonel, a soldier, two civilians and the alleged foreign militant, Mateen Chacha. Singh was left injured.
The allegations arose last year after Singh emerged as the front-runner for the post of army chief following the row over the age of the incumbent, General VK Singh.
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Comment: Army alongwith the Police needs to come clean on all fake encounters for which gallantry awards have been dispensed to the cowards. The culprits need to be brought to book!