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Can't say if Human Right violation is taking place due to AFSPA: NHRC Chairman

The NHRC Chairperson also said that in a civilised society like India, there is no room for fake encounters.

Can't say if Human Right violation is taking place due to AFSPA: NHRC Chairman Representational Image

New Delhi: Amid the clamour to repeal the Armed Forces Special Powers Act growing louder, the National Human Rights Commission chairperson Justice Arun Mishra on Friday (December 17, 2021) said that he can`t say if any human rights violation is taking place because of AFSPA. 

While addressing the reporters on the last day of "Open Hearing and Camp Sitting" by NHRC in Guwahati, Justice Mishra said, "We cannot generalize any such issue like this. We can`t say that because of this Act any human rights violation is taking place. If any particular case comes, then we look at that case."


ALSO READ | 'Repeal AFSPA' call grows louder after Nagaland firing, controversial Act explained


"We can`t discuss the constitutionality of any Act here, that is for the Supreme Court to decide. Further, it is for the government to review whether it should be applied and in which district, at what particular time," he added. 

No room for fake encounters

The NHRC Chairperson also said that in a civilised society like India, there is no room for fake encounters. 

"There is no room for instant justice in this country and law has to take its own course. A person who is guilty has to be tried in court and punished in accordance with the law," he added. 

This is noteworthy that the call to withdraw AFSPA, the law that gives security forces sweeping powers to maintain law and order in a disturbed area, has grown louder after the killing of civilians by the Army in Nagaland on December 4.

The Chief Ministers of Meghalaya and Nagaland have also joined several others in calling for the repeal of AFSPA after 13 civilians were killed by security forces in an apparent case of 'mistaken identity'.

AFSPA allows security forces the power to search, arrest and open fire to maintain public order in four of the country's seven northeastern states.

(With ANI inputs)

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