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SC Issues Notice In Petition To Centre, J&K Govt Seeking Protection of Human Rights of Armed Forces

SC Issues Notice In Petition To Centre, J&K Govt Seeking Protection of Human Rights of Armed Forces
The Supreme Court today (February 25, 2019) issued notice to the Central government, the State of Jammu & Kashmir, and the National Human Rights Commission (NHRC) in a petition seeking the protection of Armed Forces personnel against human rights violations.

A Bench comprising of Chief Justice of India Ranjan Gogoi and Justice Sanjiv Khanna was hearing a petition filed by two women – 19-year-old Preeti Kedar Gokhale, daughter of Lt. Col. Kedar Gokhale, and 20-year-old Kajal Mishra, daughter of NB. SUB. Anuj Kumar Mishra (RTD).

The petition cited various stone pelting incidents on the security personnel in the valley and alleged that the cases are registered against the security personnel instead of the stone pelters.

Further, the petition challenged the order passed on January 4, 2019, by NHRC wherein it had refused to further inquire into cases relating to violation of human rights of the armed forces personnel.

The petition seeks the following prayers:

  1. Issue a Writ of Mandamus, direction or order in the nature of such writ, directing the Respondents to formulate a policy to safeguard the rights of Armed Forces personnel against human right violations by unruly mob or individuals obstructing/attacking them during the discharge of their military duty and thereby protect the fundamental right guaranteed under Article 21 of the Constitution of India.
  2. Pass necessary directions/orders setting aside the order dated 04.01.2019, transferring the representation to the State Human Rights Commission and direct the Respondent No. 4 to complete the investigation during the pendency of this Petition and place before this Hon’ble Court for appropriate orders.

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