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| `Charge sheets can be filed inspite of AFSPA' | | For CM's information | | Early Times Report
Jammu, Nov 15: If Chief Minister is really interested in bringing erring men in uniform to justice, AFSPA cannot hinder the process. They can be challaned inspite of the controversial legislation. Legal experts believe no sanction is needed for filing charge sheets. The legal experts have exploded the myth that no charge sheets can be filed against erring men in uniform. "It is not true. After the charge sheet is filed, the court has to see whether sanction under AFSPA or ordinary procedural law is needed or not", said Parvez Imroz, a senior lawyer.
According to Imroz, the state government tries to escape responsibility by accusing the federal government of withholding sanction to prosecution. "Sanction is not needed for filing the charge sheet", he said. The Supreme Court of India has clearly laid down guidelines in Bakhshish Singh Brar v Smt. Gurmej Kaur and Ors AIR 1998 SC 257. The apex court held: "It is necessary to protect the public servants in discharge of their duties. But it is equally important to emphasize that rights of the citizens should be protected and no excess should be permitted. `Encounter death' by the police has become too common. In the facts of circumstances of each case prosecution of public officers and public servants functioning in discharge of official duties and protection of private citizens have to be balanced by finding out as to what extent and how far is a public servant working in discharge of his duties and whether the public servant has exceeded his limits."
In the light of this judgement, the courts have to apply mind and see whether the official exceeded his limits and proceed accordingly. This means, the police cannot wait for sanction as provided by Section 6 AFSPA and Section197 CrPC. The police have to file the challan without delay. Whether sanction is needed or not is to be decided by the court.
AFSPA, by the way, is not the only legislation that shields the personnel of the armed forces. Section 197 CrPC (Section 549 in CrPC applicable to Jammu Kashmir) performs a similar function. According to knowledgeable people, the Chief Minister must show some seriousness by filing charge sheets against erring personnel before seeking revocation of AFSPA. |
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