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Right to justice cannot be separated from rule of law as formulated by av dicey that demands total

absence of arbitrary power and supremacy of law, and equality before law.

In para 61 of the judgment, the Supreme Court held as follows :

61. In order that the people may feel assured that there is an effective check against misuse or
abuse of powers by the members of the armed forces it is necessary that a complaint
containing an allegation about misuse or abuse of the powers conferred under the Central Act
should be thoroughly inquired into and, if it is found that there is substance in the allegation,
the victim should be suitably compensated by the State and the requisite sanction under
Section 6 of the Central Act should be granted for instruction of prosecution and/or a civil
suit or other proceedings against the person/persons responsible for such violation.

(C)
SUMMARY OF PLEADINGS

I. THE FIR AGAINST THE COMMANDANT AND JCO IS FIT TO BE


QUASHED.
It is humbly submitted before the hon’ble court that the F.I.R lodged against the
Commandant and JCO is not fit to be quashed as [A] F.I.R against offences of
criminal nature is not liable to be quashed [B] It is mandatory for the state police to
register an F.I.R for cognizable offences.

II. THE SPECIAL POWER TO THE ARMED FORCES ACT, 2016, IS FIT TO
BE QUASHED AND WITHDRAWN FROM DRAS, IN VIEW OF THE
GRAVE HUMAN RIGHTS VIOLATIONS DONE BY THE ARMED FORCES.

The AFSPA has neither solved the insurgency nor curbed the terrorist activities in the state
of Dras. Several court cases challenging the constitutionality of SPAFA are pending before
the Supreme Court. The following provisions of the bharatian laws are alleged to be
impinged by this act-(a) Violation of Right to Life. Article 21 of the Constitution guarantees
the right to life to citizens of our country. This right has allegedly violated by Section 4 of
this act.(b) Violation of Right of Equality Before Law. Article 14 of the Constitution ensures
equality before law. People residing in areas declared as disturbed have been denied this right
because of Section 6 of SPAFA which prevent the citizens from filing a suit against any
personal of armed forces without prior sanction of Central Government.(c) Violation of
Protection Against Arrest . As per Section 22 of our Constitution, any person arrested is to be
informed regarding the causes for the arrest and produced before a magistrate within 24 hours
. The SPAFA violates these provisions as the armed forces allegedly detain the accused
without officially declaring the arrest leading to HR violations.(e) The AFSPA Violates
Indian Criminal Procedure Code (CrPC).

(C)IMMEDIATE WITHDRAWAL OF TROOPS FROM DRAS IS THE NEED OF


THE HOUR.
(D) THE FAMILY OF THE VICTIM, KILLED IN THE FIRING CONDUCTED BY
THE ARMY, SHOULD BE GRANTED MONETARY COMPENSATION.

(E) THE INVESTIGATION OF THE INCIDENT SHOULD BE HANDED OVER TO


AN INDEPENDENT AGENCY.
PRAYER

Wherefore in the lights of facts stated, issues raised, authorities cited and arguments
advanced, it is most humbly prayed and implored before the hon;ble court to adjudge and
declare-

 That the fir against the commandant and JCO should not be quashed.
 That the special powers to the armed forces act, 2016, should be quashed and
withdrawn from Dras, in view of the grave human rights violations done by the armed
forces.
 That there should be immediate withdrawal of troops from Dras.
 That the family of the victim killed in the firing conducted by the army, should be
granted monetary compensation.
 That the investigation of the incident be handed over to an independent agency.

And pass any other order as it deems fit in the interest of equity, justice, and good
conscience. All of which is most humbly and respectfully submitted.

COUNSEL FOR THE RESPONDENT

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