The Supreme Court has been hearing cases relating to alleged extra-judicial killings in Manipur by the security forces.
The Court, the elected political leadership and even the Army leadership must see certain cardinal issue of this case.
Firstly Armed Forces have no UNIONS and so their rights have to be protected by the Army Leadership and the CROWN itself that is the elected political leadership charged with higher management of the Armed Forces.
Secondly, AFSPA is imposed when the Constitutional law and order procedure is itself paralysed or ceases to exist.
Those charged with the protection of Law and order (police and Administration) and all implementation of constitutional provisions (Courts themselves) from within the system cease to function. Hence Armed Forces (outside of normal system) moves in to restore the situation.
When law and order only is temporarily in peril then a magistrate hands over the situation to the Armed Forces Commander on the scene to restore it.
When things go bad in an entire region or State then AFSPA is imposed and final step as per provisions of our own Constitution is the Marital Law.
So when the Constitution and its provisions have themselves Ceased to exist then how can Court (a creature of the constitution and Law) carry out trials or dissect the actions of persons who are sent to restore the majesty of the Constitution and the Law.
Officers of the Armed Forces take oath to defend the Constitution. During the restoration whatever the Armed Forces do is itself the LAW.All actions are against the ENEMY now.
Of course Army will still function within the bounds of the Army Act and the code of conduct which will keep on existing till the last COMMANDER is there.
Jammu and Kashmir, Manipur and a number of states in the North East were brought under the AFSPA which gives the Army and even security forces special rights and immunity in carrying out various operations.
There has been a long-standing demand from various quarters in J-K and the Northeast to withdraw it.
The Supreme Court has been hearing cases relating to alleged extra-judicial killings in Manipur by the security forces.
Since neither the Army Leadership nor the MoD, nor the Political leadership associated with higher management of the Armed Forces gave any statement (otherwise they do so on other matters at the drop of a hat) nor they officially approached the Court in the defence of the Armed Forces, around 700 Army officers and soldiers have approached the Supreme Court, requesting it to protect the “ good faith “ action of soldiers under AFSPA.
They also voiced concerns over reported move to dilute some provisions of the law which protects the security forces from prosecution without the Centre’s approval.
Army Chief General Bipin Rawat disapproved of the move by the serving officers and soldiers to approach the top court in their personal capacity.
At the same time, he had said the armed forces and the defence ministry are steadfastly behind all officers who have conducted operations in Jammu and Kashmir and the north east.
However the Defence Minister Nirmala Sitharaman has said she has no “grudge” against a group of Army officers who have approached the Supreme Court to present their views on cases relating to the Armed Forces Special Powers Act (AFSPA).
The defence minister said the officers have chosen to go to the court as there is a “certain sense of worry” in their minds which she can understand.
“Grievance redressal is a right. I will never want to say if you have a grievance, you should not voice it. I will never say that,” she told PTI when asked about the issue.
“There are institutional mechanisms available for grievance redressal within the Army, Navy and Air Force. So it is possible for men or officers to have grievance redressal institutionalised within the forces.
“But if in the case of AFSPA, they have chosen to go to the court, there is a certain sense of worry in the minds of men and officers and I can understand that,” she said.
Sitharaman said AFSPA law was brought “to address situations which are absolutely unique and very challenging.”
“Now, if that is, from the point of view of human rights, taken to the court and the court is giving a full hearing and justice to hear everybody out, and if the officers and men felt they also would want to give their argument, I cannot grudge that.
“I really cannot grudge that. We are speaking up for the men and officers who are on the field and that is why the advocate general, attorney general appear on behalf of the government’s position. So we will hope that the court gives a good comprehensive hearing,” she said.
Raksha Mantri ji it is s not a simple Legal Case. Just remember that all pillars of our democracy rests on this shoulder of the Armed Forces.
In case the pillars themselves start increasing their weight then the shoulders may just get tired and then the pilkars will start to crack. Worst scenario will be if the Shoulder in anguish or anger just throws down its load.
