Srinagar, Sept 26: The High Court of J&K and Ladakh on Tuesday said granting or refusing sanction to prosecute the accused persons under Armed Forces Special Powers Act (AFSPA) was Government of India’s prerogative.
Dismissing a petition filed by a woman—Munawara Sultan, a bench of Justice Rajnesh Oswal said no direction can be issued to the Union Of India, Home Affairs, to grant the sanction.
In her petition, Munawara Sultan was seeking direction to the J&K government to forward the case to the Union Government to sanction prosecution of the accused BSF forthwith in connection with her husband’s killing in 1993.
In the reply, SHO Police Station Shergari, Srinagar had stated that the investigation has been closed as challan against some officials of BSF has been filed but as the AFSPA is in vogue in the State of J&K and the sanction for launching prosecution against the officials is mandatory, as such, the case has been submitted to the Home Department for taking up the matter with the Ministry of Defence, Government of India for accord of sanction for launching the prosecution against the accused persons.
“This Court is of the considered view that no direction can be issued to the respondent No.5 (Union Government) to grant sanction to prosecute the accused persons and it is the sole prerogative of respondent No.5 to grant or refuse the sanction,” the court said, adding, “Any direction by this court would amount to interference in the decision to be arrived at by the respondent No.5 on the basis of record placed before him.”
