‘Need sanction for legal action under AFSPA’

An affidavit filed by the Centre in the Supreme Court has said prior sanction is required to institute legal proceedings against Army officers under the Armed Forces Special Powers Act (AFSPA).

A Bench of Justices B S Chauhan and Swatanter Kumar is deciding on the question whether the legal protection of sanction under AFSPA is required before prosecuting Army personnel who commit crimes in the course of duty.

The court is looking into the legal problem following a petition by the CBI which has charged eight Army officers,including a Major General,for involvement in a “fake encounter” killing five persons in Pathribal in the Valley 12 years ago.