-LiveLaw.in
The Supreme Court has directed the Centre to prosecute security personnel, including of Army and CRPF involved in fake encounter killings in the Northeast under the cover of draconian Armed Forces (Special Powers) Act (AFSPA).
“Better launch prosecution against the personnel involved. Now it’s like you kill 10 people, pay compensation and the matter ends there. We also wonder why people are found to have been shot in their back,” Justice Madan B Lokur said.
Attorney General Mukul Rohatgi, who represented the Centre, replied: “We are not running away from any probe. We will set up a court of inquiry. But remember we are involved in counter insurgency operations. Some accidental deaths may happen. We cannot prosecute an entire column of army. We have to strike a balance where armed forces do not lose their morale.”
“This is in defence of the country. For every bullet he fires, we might retaliate with 20.Our first option is to apprehend. We ask him to stop. If he refuses and runs away, we give him chase. If he opens fire at us, we retaliate. It is an Army operation … it is a situation akin to war,” Rohatgi submitted.
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