Srinagar- The High Court of J&K and Ladakh on Tuesday said no direction can be issued to the Union Of India, Home Affairs, to grant sanction to prosecute the accused persons under Armed Forces Special Powers Act (AFSPA).
Dismissing a petition being “misconceived”, a bench of Rajnesh Oswal said that it was the sole prerogative of the Union Government to grant or refuse the sanction.
The petition was filed by one Munawara Sultan for directing the J&K government to forward the case for grant of sanction to the Union Government to grant sanction for prosecution of the accused BSF forthwith in connection with her husband’s killing in 1993, four months after their marriage.
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.”
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