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Government gets court notice on deaths in
army's Kashmir action
Monday January 23, 2012 08:58:56 PM,
IANS
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New Delhi: Faced with
resistance to action against armymen allegedly involved in the
killing of five people in Kashmir in 2000, the Supreme Court
Monday issued notice to the central government on the army's stand
that no proceedings could be initiated against its officers
without its prior sanction.
"Whatever may be the scheme of the Armed Forces (Special Powers)
Act, the victims could not be left remediless," the court said.
Five people were killed by the army in the wake of the March 20,
2000, massacre of 36 Sikhs in a gurudwara in a village in Anantnag
district of Kashmir. The victims, who were initially described as
militants, later turned out to be innocent.
The apex court bench of Justice B.S. Chauhan and Justice Swatanter
Kumar said that "these officers (accused of killing five people)
have nothing but to protect themselves but the Union of India has
the duel responsibility of protecting its genuine officers and the
administration of justice to the citizens".
The court, at the very outset of the hearing, told the army that
if army did not want to take it up the matter that was another
matter, but these arguments being advanced about its immunity and
prior sanction would not stand.
While issuing the notice, the court observed: "You (Army) are
creating a situation where no body can proceed. You are yourself
not doing anything and not allowing other to do anything."
The court issued the notice during the hearing of an appeal by the
army challenging the jurisdiction of Central Bureau of
Investigation for initiating court proceedings against its
officers involved in the alleged killing of five people.
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