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SC ruling evokes widespread appreciation
Will it over rule AFSPA?
5/16/2011 11:45:22 PM

Early Times Report
Jammu, May 16: The Supreme Court ruling prescribing death penalty for men in uniform involved in fake encounters has evoked widespread appreciation in the Valley. Most of the Srinagar based dailies have written editorials on the decision. The human rights defenders believe that the ruling shall go a long way in eradicating the inhuman and illegal practice.
In its landmark decision, the apex court held that `encounter philosophy was a criminal philosophy’. The court urged all policemen to know this. Commenting on the judgment, a renowned lawyer said: “The apex court has finally come to the rescue of the people of India. But a question remains unanswered. Will the ruling have any bearing on the Armed Forces Special Powers Act (AFSPA)?”
Pertinent to mention here section 6 of AFSPA almost exonerates men in uniform from criminal liability. “The apex court may make the necessary clarification”, the lawyer said.
Describing the ruling as a victory for democracy, a human rights defender said that the phenomenon of fake encounters was not confined to the Valley alone. “The Jammu region has equally suffered and reports of staged shootouts have been received from all major towns of the country. This is a collective responsibility of the people of India to stand up against such practices”, he said.
The security agencies have been often accused of resorting to extra-judicial means to silence dissent in states like Nagaland, Jammu Kashmir, Punjab, Assam, Manipur and Maoist infested states. The authorities have always tried to justify such killings on one pretext or the other.
A student of Jammu Kashmir history urged the state government to learn a lesson from Hari Singh’s rule. According to him not a single extra-judicial execution has been reported during Hari Singh’s rule. The people of Kashmir launched a massive movement against him in 1931. The movement ended in 1947. During these sixteen years, nobody was killed in a fake encounter or subjected to enforced disappearance. Hari Singh’s worst critics admit that he upheld the supremacy of judiciary.
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