Can't say if human right violation is taking place due to AFSPA, NHRC Chairman

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

Published: 18th December 2021 12:01 PM  |   Last Updated: 18th December 2021 12:01 PM   |  A+A-

A Naga holds a placard during a rally protesting the killings of fourteen civilians by Indian army soldiers earlier this month, in Kohima. (Photo | AP)


GUWAHATI: Can't say if any human rights violation is taking place because of Armed Forces Special Powers Act (AFSPA), said National Human Rights Commission chairperson Justice Arun Mishra.

"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," said Mishra on being asked about AFSPA.

"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.

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.

Justice Mishra made the following comments while addressing the reporters on the last day of "Open Hearing and Camp Sitting" by NHRC in Guwahati.

A two-day camp sitting and public open hearing was organized by the Commission from December 16 to 17in Guwahati, Assam in respect of the States of Assam, Nagaland, Arunachal Pradesh, Mizoram and Sikkim.

"The National Human Rights Commission has taken up 40 cases, in Open Hearing. It includes 23 cases of Assam, 13 cases of Manipur, 1 case of Arunachal Pradesh and 3 cases of Nagaland. The Commission on consideration of reports, and after hearing both the parties has closed five cases where recommendations of compensation have been complied by the States," reads the official statement.

Earlier, various opposition parties, including Chief Ministers of Meghalaya Conrad Sangma and Nagaland Neiphiu Rio have demanded the removal of AFSPA.

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


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