Centre files curative petition in SC seeking review of AFSPA verdict

The Central government moved a curative petition in the Supreme Court (SC) on Wednesday seeking review of an earlier judgment by the court which mandated a police inquiry into extrajudicial killings by security personnel in areas where the Armed Forces (Special Powers) Act (AFSPA) is enforced. In July, 2016, a SC bench led by Justice Madan B Lokur had held that “there is no concept of absolute immunity from trial by a criminal court” for security forces under AFSPA.

Attorney General Mukul Rohatgi told the bench headed by Chief Justice of India JS Khehar, “The Indian Army has to, in given circumstances, take quick decisions which cannot be dissected later on like an ordinary murder appeal. In other words, the scope of judicial review against active military operations cannot be on the same parameters as in other situations.” Actions of the Army, Rohatgi added, could therefore not be put to “judicial scrutiny”. Rohatgi reportedly brushed off apprehensions that immunity under AFSPA could lead to excesses by armed forces, saying the Army needed to use full force when faced with insurgents armed with sophisticated weaponry.

The SC has already dismissed a review petition of the previous verdict on the matter which means the curative petition is the last resort to amend the ruling.