Sage advice on ‘encounters’

The Supreme Court has tendered the best possible advice to the Centre on finding a delicate balance in dealing with terrorism in states where the Armed Forces (Special Powers) Act is in force as in Jammu and Kashmir and Manipur. The judges got to the nub of the problem in pointing out that a CBI probe had been ordered only in a few specific cases among several hundred FIRs because the Army had not carried out a proper inquiry into them despite the lapse of decades. The suggestion that an internal mechanism be found to deal with the matter of “encounters” in striking the balance between hinting for terrorists and protecting the innocent is valid. This must be acted upon at once by the Centre and the Army regardless of the difficulties soldiers come across in their operations in flushing out terrorists.

A civil society in a democratic setup must be able to find an answer to keeping the peace while having to deal with dissidents, rebels and terrorists. No licence can be granted to a marauding Army in any area or situation nor can civil laws be applied with a magistrate having to be taken around while a virtual war is being fought against armed insurgents. The point is the government cannot be seen to be condoning excesses to the extent of allowing fake encounters known to commonly occur. In fact, the Army is perceived as an occupation force in the Northeast. An Indian Army known for its discipline should not face issues in its trained personnel undertaking operations even in most sensitive areas. However, setting up a mechanism to deal with it could be the least the Army can do.