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Rabina Ghale & Anr. vs Union of India & Ors.

Not available · 2024 INSC 698Decided 17 Sept 2024
Not available
Justice Vikram Nath · Justice Prasanna Bhalachandra Varale

Background

The petitioners were wives of Army officers who had been implicated in an FIR registered by police (Nagaland State Crime Police Station) following an incident on 4 December 2021 in which soldiers, in the course of an operation, were alleged to have caused deaths. A Special Investigation Team (SIT) recommended sanction to prosecute the husbands and other Army personnel under serious IPC offences including murder. The petitioners sought to quash the FIR and the SIT's findings, arguing the proceedings targeted soldiers for bona fide acts done in the discharge of their official duties in a disturbed area.

Decision Breakdown

The Supreme Court noted that under the Armed Forces (Special Powers) Act, 1958, no prosecution can be launched against armed forces personnel for acts done in exercise of powers under the Act without prior sanction from the Central Government. Since no such sanction had been granted, the Court held that the criminal proceedings pursuant to the FIRs could not presently continue, and closed them for now, while making clear that if sanction is granted at any future stage under Section 6 of the AFSPA, the proceedings could resume and proceed according to law. The Court also declined to direct the Armed Forces to initiate or refrain from departmental/disciplinary action, leaving that to their discretion.

Lesson Learnt

Armed forces personnel operating under the Armed Forces Special Powers Act enjoy a statutory shield against criminal prosecution for acts done in the discharge of their duties unless the Central Government grants sanction, but this is a procedural safeguard, not a permanent immunity, since prosecution can still proceed later if sanction is eventually given.

Official source (sci.gov.in)View Judgment (PDF)

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