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Ex Maj Ys Nagar Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... regard, it is to be noted that the armed forces (jammu and kashmir) special powers act 1990 (act 21 of 1990) was in force at the relevant time, which conferred certain special powers upon members of the armed forces in the disturbed areas in the state of jammu and kashmir, any commissioned officer, for maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area or even arrest, ..... the appellant was arrested by the jammu and kashmir police on the ground that three firs pertaining to robbery of cash and a vehicle had been registered and the appellant was a suspect. ..... accounts produced by the respondents showed that no money was withdrawn by pw 19 shakeel ahmed from the jammu and kashmir bank on the relevant date. ..... ahmed, who is the material witness, has stated that he got three cheques for rs.1,04,500/- encashed from the jammu and kashmir bank at residency road, srinagar. ..... during his service in jammu and kashmir, the appellant had tumbled upon a case relating to theft of large quantity of carpets from a factory in srinagar, wherein the needle of suspicion pointed to certain army officials also, which caused the fabrication of ..... this tribunal, the case was transferred for disposal and is being treated it as an appeal under section 15 of the armed forces tribunal act 2007. 2. .....

Extra Judl.Exec.Victim Families Assnandanr Vs. Union of India and Anr

Court : Supreme Court of India

..... where the provisions of the armed forces (jammu and kashmir) special powers act, 1990 and the afspa were considered. ..... the armed forces (special powers) act, 1958 (hereinafter the afspa ) was originally enacted as the armed forces (assam and manipur) special powers act, 1958. ..... equally importantly, the instructions issued by the army headquarters under the caption: list of dos and don ts while acting under the armed forces (special powers) act, 1958 read with list of dos and don ts while providing aid to civil authority restrain the army from using excessive force. ..... in his individual capacity as a public interest litigant he prays for a direction that the areas in manipur declared as a disturbed area in terms of section 3 of the armed forces (special powers) act, 1958 (for short the afspa ) be withdrawn and the notification issued in this regard be quashed.9. ..... statutory provisions (i) the armed forces (special powers) act, 1958 93. ..... government or district magistrate or any officer authorised in this behalf by the government or the district magistrate or any other authority on whom powers have been conferred under this act, for anything which is in good faith done or purported to be done in pursuance of this act or any rule or order made thereunder; and (b) any serving or retired member of the armed forces or paramilitary forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism .....

Kumar Gorav Vs. Union of India Through the General Manager (Finance), ...

Court : Central Administrative Tribunal CAT Principal Bench New Delhi

..... central bureau of investigation and another 2012 (6) scc 228 wherein it has been held that institution of a criminal case under section 7 of the armed forces (jammu and kashmir) special powers act, 1990 and section 6 of the armed forces (special powers) act, 1958 means taking cognizance of offence and not mere presentation of charge ..... imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or ..... sandeep kumar decided on march 1, 2011, where the supreme court highlighted that young people often commit indiscretions because youth will always be youth and young people are not expected to behave in as mature a manner as older people do and hence the judicial approach should be to condone minor indiscretions made by young people rather than brand them as criminals for rest of their life; modern approach is to reform a person instead of ..... facts of this case, when it is apparent that the respondent was neither arrested nor summoned/tried for his involvement in fir no.88/2001, and the case was closed by accepting the final report submitted by the police by the concerned magistrate, wipes out even registration of the fir ..... this appeal has no force and it is dismissed. .....

General Officer Commanding Vs. Cbi and ors.

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ212

..... is alleged that the accused being army officers, no prosecution against them can lie in view of the provisions of the armed forces (jammu & kashmir) special power act, 1990 (for short the act).9. mr. ..... whether the accused have acted in exercise of the powers as conferred under the jammu and kashmir armed forces special powers act, 1990 or not shall have to be examined at the trial and whether the cbi was under obligation to obtain sanction of the central government before launching or instituting the prosecution against the accused has also to be looked into at the same time during the course of ..... 15 corps, the competent authority in the matter and another on behalf of the accused person praying for return of the challan to the investigation officer as the same has been filed without the sanction as required under the jammu & kashmir armed forces special powers act, 1990.5. ..... the magistrate has got no powers to shift and weigh the evidence recorded by the investigating agency to see whether the act alleged was done by the accused while acting or purporting to act in the discharge of his ..... , rejected the petitions, while doing so he observed:it is therefore clear that anything done or purported to be done in exercise of powers conferred under the act has to be integrally connected with and inseparable form the object and purpose professed to be achieved thereof. ..... , under sections 302, 307, 364, 201, 120b rpc and 25 arms act, before the court of chief judicial magistrate, srinagar. .....

Shaber Ayaz and Others Vs. State and Others

Court : Jammu and Kashmir

..... no.acts1.armed forces special powers act, 19902.arms act, 1959.3.cigarette and other tobacco products (prohibition of advertisement and regulation of trade and commerce production supply and distribution) act, 2003.4.essential commodities act, 1955 (eca).5.explosive substances act, 1908.6.explosives act, 1884.7.foreigners act, 1946.8.immoral traffic (prevention) act, 1956.9.motor vehicles act, 1988.10.narcotic drugs and psychotropic substances act, 1985.11.passport act, 1967.12.passport entry into india act, 1920.13.prevention of food adulteration act, 1954.14.prevention of money laundering act, 2002.15.army act.16.drug control act, 1950.17.extradition act, 1962.18.information ..... (control and reforms) act, 1956.19.instruments (control and noises) act, 1959.20.juvenile justice act, 1997.21.medical termination of pregnancy act, 1974.22.police enhanced penalties ordinance, 2005.23.prevention of black marketting and maintenance of essential commodities act, 1988.24.prevention of insult to state honour act, 1979.25.prevention of unfair means examination act, 1987.26.protection of human rights act, 1997.27.protection of women from domestic violence act, 2010.28.suppression of indecent advertisements act, 2003.29.jammu and kashmir right to information act, 2009.30.transplantation of human organs act, 1997.31.the jammu and kashmir state lands .....

Kanchan Dua Vs. Union of India

Court : Supreme Court of India

..... she relied upon judgments of the high court of delhi, high court of jammu and kashmir and the high court of punjab and haryana in support of her submission that the family members of the armed forces personnel who died during their service in the notified operations are entitled to liberalised family pension. 7 ..... when he was posted as the commandant of 890 2 animal transport battalion in nowshera, jammu and kashmir, he was moved to rajouri for operational requirement in operation ran vijay at the location of ..... she submitted that all the army personnel working in the state of jammu and kashmir were declared to be on active service as per the notification ..... the special benefits that were granted by the government of india for ex-gratia payment is payable in all cases of death and 9 civil appeal nos.7459-7460 of 2010 14 disability in service to the family members of the armed forces personnel who died ..... death/disability while employed in the aid of civil power in quelling agitation, riots or revolt by demonstrators will be covered under ..... contention of the appellant is that her husband was part of operation rakshak which was notified by the government of india, it is necessary to refer to the notification dated 07.05.1990 for assessing her eligibility to liberalised family pension. ..... she relied upon section 3 and 9 of the army act, 1950 to submit that the appellant s husband was in active service at the time of ..... extremist acts, exploding ..... g)an act of violence/attack by extremists, anti-social .....

Masooda Parveen Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1840; 2007(2)JKJ41[SC]; JT2007(6)SC518; 2007(6)SCALE447; (2007)4SCC548

..... raised three basic issues before us; first that the search in regoo's house and his detention was apparently taken under the authority conferred by the armed forces (j&k;) special powers act, 1958 (hereinafter referred to 'the act') which retains the pre-eminence of the civil authority over the army inasmuch that it provides that the use of the armed forces would be only 'in aid of the civil power', but has pointed out that the army authorities had completely excluded the ..... ganesh, that the army action had been taken pursuant to the notification under section 3 of the act declaring jammu and kashmir as a disturbed area. ..... the facts taken from the petition are as under:the deceased ghulam mohi-ud-din regoo, was an advocate enrolled and practicing in the high court of jammu and kashmir before the srinagar bench. ..... 1 in her letter dated 19th october, 1998 to the chief justice of india pointed out that she was not interested in pursuing her case before the jammu and kashmir high court as the bar association was politicizing it which was not called for. ..... 3 & 4 the state of jammu and kashmir etc.3. ..... we cannot ignore the fact that many in kashmir who have gone astray are indian citizens and it is this situation which has led to this incident. .....

Rabina Ghale Vs. Union Of India

Court : Supreme Court of India

..... learner additional solicitor general, informed this court that the sanction under section 6 of the armed forces (special powers) act, 19581 has since been declined by competent authority, vide order dated 28.02.2023. ..... state of jammu and kashmir & others ..... placed heavy reliance on the affidavit filed on behalf of the armed forces before the chief judicial magistrate, in which observations were made that they were likely to proceed on the departmental side administratively, and as such, directions may be issued to the armed forces to carry on the said exercise. ..... indian flag; (ii) issue a writ of mandamus or any other appropriate writ directing the respondents to desist from engaging in such arbitrary exercises of executive power which impairs the normal and bona fide functioning of the army in the area; (iii) issue a writ of mandamus or any other appropriate writ directing the respondent authorities to issue guidelines to protect the rights of soldiers so that no soldier ..... with 28 other team members u/s 302, 307, 326, 201, 34 ipc r/w 120-b ipc and for initiating disciplinary action against the entire team as per the provisions of the army act and rules, and all other ancillary proceedings emanating out of the said fir and/or in furtherance of the incident dated 04.12.2021, being against the mandate of law and being solely targeted at attacking soldiers in exercise of their bona fide duties of upholding the dignity of .....

Lt. Col. H.N. Tripathi Vs. State

Court : Jammu and Kashmir

Reported in : 1988CriLJ582

..... 7, lists 1 and 2 and since the parliament has enacted the prevention of corruption act, 1947, the accused in this case could only be tried under that act and since that act had not been extended to jammu and kashmir, the accused could not be tried for the alleged offences committed by them in the state because the special judge, anti-corruption, being a creature of the criminal law (amendment) act of the state is not competent to try any member of the indian armed forces. ..... analogy of the law laid down above, it must be held and i hold that since the power to legislate in respect of law relating to the armed forces vests with the parliament, it does not imply (that) the trial of a member of the armed forces for a specific offence covered by the p.c. ..... including the general criminal law in the indian penal code within the same, what has been specifically excluded from the ambit of the concurrent power are only specific offences against laws with respect of any of the matters specified in the union and state lists and the armed forces of the union of india. ..... reads:criminal law, including all matters included in the indian penal code at the commencement of this constitution but excluding offences against laws with respect to any of the matters specified in list i and list ii and excluding the use of naval, military or air forces or any other armed forces of the union in aid of the civil power.the words 'criminal law' used in the opening part of the entry is of wide ranging amplitude. .....

Bimal Kaur Khalsa Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1988P&H95

..... 4 and 5 of the armed forces (assam and manipur) special powers act (28 of 1958) were impugned as unconstitutional, as the said provisions authorised ..... barring the state of jammu and kashmir, this act was applicable to every part of india by virtue of ..... section 22 of the act makes admissible the evidence of identification of a proclaimed offender by a witness from his photograph section 23 of the act provides for the saving of the jurisdiction exercisable by the court or other authority of naval, military or air forces of other armed forces of the union, ..... (a) provide for deterrent punishments for terrorist acts and disruptive activities; (b) confer on the central government adequate powers to make such rules as may be necessary or expedient for the prevention of, and for coping with, terrorist acts and disruptive activities; and, (c) provide for the constitution of designated courts for the speedy and expeditious trial of offences under the proposed ..... have special status in the indian union, the state of punjab must be given the status enjoyed by jammu & kashmir under ..... the court that on being released on bail he would not commit any offence: that he has to be tried by a special or designated court within or outside the state at a place which could 6e other than the ordinary place of sitting of the court, say within the prison or some other fortified place and that he may be tried by such court in camera instead of in open court, where prosecution witness could be brought in .....