Not satisfied with the Centre’s stand that armed forces personnel had complete immunity even against court martial under the controversial Armed Forces Special Powers Act, the Supreme Court on Monday made the Union government party to a CBI petition seeking prosecution of some Army officers and soldiers in the Chittisinghpura fake encounter case.
The CBI and the Centre were virtually at loggerheads with additional solicitor-general P.P. Malhotra, appearing for the government, claiming that officers and personnel of Rashtriya Rifles could not be prosecuted without prior sanction from the competent authority as they had complete immunity under AFSPA. Even for initiating court martial proceedings against them the Army needed prior sanction, he argued.
Not satisfied with such a stand taken by the government’s law officer, a bench of Justices B.S. Chauhan and Swatanter Kumar made the Union government party to the CBI’s petition while issuing notices to the ministries of home and defence, seeking their clear views on the issue. They were directed to submit additional documents related to the case by February 3 when it will be taken up for further hearing. “Show us even one instance where prior sanction was given for initiating court martial proceedings. If your (government) stand is accepted, it will create havoc,” the bench said.