Don't demoralise the armed forces, overturn AFSPA order: Centre in SC
The government has urged the Supreme Court to review Armed Forces (Special Powers) Act decision restraining the army.
The Centre sought to overcome a Supreme Court order which had negated the protection against prosecution available to the armed forces personnel under the Armed Forces (Special Powers) Act. In a curative petition filed, the Centre told the SC if the order is implemented, then it would be difficult to deal with counter-insurgency operations especially in states such as Jammu and Kashmir.

"It will be impossible to maintain peace and security," the Centre told the SC. The Centre cited the violence in Jammu and Kashmir to make its point clear.
The Indian Army has to, in given circumstances, take quick decisions which cannot be dissected later on likes an ordinary murder appeal, the Centre argued. "Decisions taken by the army in such situations cannot be put to judicial scrutiny," Attorney General Mukul Rohatgi arguing for the centre said.
The army has to use full force while dealing with insurgents who are armed with sophisticated weapons. "If the army personnel remain apprehensive about using force fearing that a militant's death could lead to the registration of a first information report, it would be impossible to win a battle against the insurgents and militants," the Centre argued. "The army is very sensitive to human rights and was not seeking immunity from inquiry by the army authorities when there are complaints of excesses," the AG said.
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