M A I N   N E W S

J-K FAKE ENCOUNTER
CBI, Home Ministry differ on AFSPA
R Sedhuraman
Legal Correspondent

New Delhi, March 26
The Centre and the CBI have taken opposing stands in the Supreme Court on the issue of prosecuting Army personnel involved in the killing of five civilians in March 2000 allegedly in a fake encounter at Pathribal in Anantnag district.

The Union Defence and Home Ministries contended that there was no provision in the Armed Forces (J and K) Special Powers Act, 1990 even to “institute prosecution” of the personnel without referring the investigation report to the Central government and obtaining permission.

In an affidavit, the Defence Ministry, however, assured the SC that it would take a decision within four months on allowing prosecution of the accused personnel. The Ministry would pass a “fair and judicious speaking order” within four months, Deputy Secretary Prem Prakash said in an affidavit. On the other hand, the CBI, which investigated the case, maintained that the accused personnel could not claim immunity under AFSPA as the killings were not part of their official duty. Family members of victims took exception to the GOC objecting to the prosecution of the accused without sanction.