Fiat to Army: decide on trial or court-martial

May 2, 2012
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New Delhi, May 2: The Supreme Court on Tuesday directed the Army to decide whether its personnel involved in fake encounter killings in Pathribal in Jammu and Kashmir and Assam should be court-martialled or tried in regular criminal courts.

If Army authorities were not keen on court-martial proceedings, the Central Bureau of Investigation could seek sanction from the Centre for prosecution of the erring officers, said a Bench of Justices B.S. Chauhan and Swatanter Kumar.

The case of killing of five civilians in the March 2000 Pathribal encounter has been pending in a Srinagar trial court with both the Army authorities and the officers challenging the Magistrate's order which asked the Army to explain, under Section 125 of the Army Act, whether it would try its men or wanted the civilian court to do the job. As the Jammu and Kashmir High Court ruled against them, the Army personnel appealed to the Supreme Court.

The CBI maintained that no sanction was necessary to prosecute the erring officers under the Armed Forces (Special Powers) Act (AFSPA) as the cold-blooded murders could not be said to fall within the ambit of their official duties.

In Assam, the CBI completed the investigation and filed charge sheet against seven Army personnel in the Court of Special Judicial Magistrate, Kamrup, under Section 302/201 read with Section 109 of the Indian Penal Code, for killing five civilians in a fake encounter. In this case, the Centre maintained that sanction from the competent authority was required for the prosecution of Army personnel.

Writing the judgment, Justice Chauhan said: “The competent Army Authority has to exercise his discretion as to whether the trial would be by a court-martial or a criminal court after the filing of the charge sheet and not after cognisance of the offence is taken by the court. A conjoint reading of the relevant statutory provisions and rules makes it clear that the term ‘institution' contained in Section 7 of the Act 1990 means taking cognisance of the offence and not mere presentation of the charge sheet by the investigating agency.”

Rejecting the Centre's stand that the Army personnel facing the CBI charge sheet could not be tried as they were discharging their official duty, the Bench said: “Facts of this case require sanction of the Central government to proceed with the criminal prosecution/trial. In case option is made to try the accused by a court-martial, sanction of the Central government is not required.”

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News Network
May 8,2025

New Delhi: The government is briefing an all-party meeting on Thursday on the success of "Operation Sindoor" and its aftermath, as top government functionaries and opposition leaders met for a second time in a fortnight amid rising tensions between India and Pakistan following the Pahalgam terror attack on April 22.

Union ministers Rajnath Singh, Amit Shah, S Jaishankar, J P Nadda and Nirmala Sitharaman represented the government, while Rahul Gandhi and Mallikarjun Kharge from the Congress, Sandip Bandyopadhyay of the Trinamool Congress and DMK's T R Baalu were among the leading opposition figures in the meeting.

Other opposition leaders included Ram Gopal Yadav of the Samajwadi Party, Sanjay Singh of the AAP, Shiv Sena (UBT)'s Sanjay Raut, NCP (SP)'s Supriya Sule, BJD's Sasmit Patra and CPI(M)'s John Brittas.

JD(U) leader Sanjay Jha, Union minister and LJP (Ram Vilas) leader Chirag Paswan and AIMIM MP Asaduddin Owaisi were also part of the meeting.

Parliamentary Affairs Minister Kiren Rijiju said the government wanted to brief all parties on "Operation Sindoor".

In retaliation for the Pahalgam terror attack, Indian armed forces carried out missile strikes early Wednesday on nine terror targets in Pakistan and Pakistan-occupied Kashmir, including the Jaish-e-Mohammad stronghold of Bahawalpur and Lashkar-e-Taiba's base Muridke.

The military strikes were carried out under 'Operation Sindoor' two weeks after the massacre of 26 civilians in Jammu and Kashmir's Pahalgam.

The government had earlier called an all-party meeting on April 24 to brief leaders on the attack.

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News Network
May 11,2025

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Amid the ongoing border tension with Pakistan, the Punjab Police in India arrested two individuals on espionage charges. They allegedly leaked sensitive information and photographs of Army cantonment areas and Air Bases in Amritsar, said the police on Sunday.

The two persons were identified as Palak Sher Masih and Suraj Masih. They were arrested in a significant counter-espionage operation by the Amritsar Rural Police.

Director General of Police Gaurav Yadav wrote on X, "Malerkotla Police apprehends two individuals for their alleged involvement in espionage activities linked to a Pakistani official posted at the High Commission, New Delhi.

"Acting on credible intelligence, one suspect was arrested for leaking sensitive information regarding Indian Army movements to a Pakistan-based handler. Based on disclosures made during interrogation, a second conduit was also identified and taken into custody.

"Preliminary investigation reveals that the accused had been receiving payments through online transactions in exchange for classified information. They were in frequent contact with the handler and were involved in channeling funds to other local operatives as per his instructions. Two mobile phones have been recovered, and an FIR has been registered."

The police said further investigation will be undertaken as per established protocol, with a focus on tracing the financial trail and identifying additional operatives and linkages within the network.

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Agencies
May 9,2025

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The Ministry of Defence has urged media outlets, digital platforms, and individuals to refrain from live coverage or real-time reporting of defence operations and troop movements.

Citing the risks to operational success and personnel safety, the Ministry highlighted past incidents — including the Kargil War, the 26/11 attacks, and the Kandahar hijacking — where premature information disclosure had severe consequences.

"Under Clause 6(1)(p) of the Cable Television Networks (Amendment) Rules, 2021, only authorised officials are permitted to release updates during anti-terror operations," the Ministry stressed. It called for responsible reporting and greater sensitivity towards national security concerns.

Meanwhile, Defence Minister Rajnath Singh chaired a high-level review of the country’s security situation on Friday (May 9, 2025) at South Block in New Delhi, following the foiled large-scale drone strike launched by Pakistan on Thursday.

The meeting was attended by senior military leadership, including Chief of Defence Staff General Anil Chauhan, Chief of Army Staff General Upendra Dwivedi, Chief of Naval Staff Admiral Dinesh K Tripathi, Chief of Air Staff Air Chief Marshal Amar Preet Singh, and Defence Secretary RK Singh.

The security review comes in the aftermath of Operation Sindoor, in which Indian Armed Forces struck nine terror infrastructures across Pakistan and Pakistan-occupied Kashmir on Wednesday, prompting Pakistan’s attempted retaliation.

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