For

In case Army personnel do not act against an enemy or show cowardice, it is a Court-martial offence
under Army Act Section 34, punishable with death."7 Reference is made to Ex-Havildar Ratan Singh v.
Union of India MANU/SC/0558/1992 : 1992 Supp (1) SCC 716 to conclude that a militant is an enemy
within the definition of Section 3(x) of the Army Act, 1950. This view is carried forward by submitting
that the victims have been persons waging war against the Government of India and in terms of Section
121 of the Indian Penal Code anyone who joins an insurrection against the Government of India has
committed an offence of waging war. In this regard, reference is made to State (NCT of Delhi) v. Navjot
Sandhu MANU/SC/0465/2005 : (2005) 11 SCC 600 wherein it is held that Under Section 121 of the Indian
Penal Code 'war' is not contemplated as conventional warfare between two nations. Organizing and
joining an insurrection against the Government of India is also a form of war.

Extra Judicial Execution Victim Families Association (EEVFAM) and Ors. vs. Union of India (UOI) and Ors.
(08.07.2016 - SC) : MANU/SC/0758/2016

13. With specific regard to Manipur it is stated that there is a constant threat from armed militant
groups and therefore there is a need for counter insurgency operations through the armed forces in
conjunction with the civil administration. These operations also hold out a threat to the lives of the
armed forces personnel since the militants wield deadly weapons. It is in this background that the AFSPA
came to be enacted and amended subsequently keeping in view the hostile environment and the
imperative to give legal and logistic protection to the armed forces personnel posted on duty so as to
enable them to operate with the required thrust and drive.

Extra Judicial Execution Victim Families Association (EEVFAM) and Ors. vs. Union of India (UOI) and Ors.
(08.07.2016 - SC) : MANU/SC/0758/2016

39. With regard to the problem of insurgency in Manipur, it is stated that Manipur has an international
border of over 360 kms with Myanmar. About 30 extremist organizations operate in Manipur and all of
them are very powerful and heavily armed with sophisticated weapons, including rocket launchers.
Their aim and object is to form an independent Manipur by its secession from India. They have been
indulging in violent activities including killing of civilians and security forces and law abiding citizens of
Manipur to achieve their objective. They have also been intimidating, extorting and looting civilians for
collection of funds and making efforts to get established abroad for influencing public opinion and
securing their assistance by way of arms and training in achieving their secessionist objective. Though
these organizations have been declared as unlawful organizations under the UAPA, the ordinary criminal
laws are insufficient to deal with insurgency problems which have warranted enforcement of the AFSPA.
The State of Manipur has also given the following statistics for the period 2000 to October 2012 of
police personnel killed and injured, security forces personnel killed and injured and civilians killed and
injured to highlight the problem of insurgency in the State:
Extra Judicial Execution Victim Families Association (EEVFAM) and Ors. vs. Union of India (UOI) and Ors.
(08.07.2016 - SC) : MANU/SC/0758/2016

"LIST OF DO'S AND DON'TS WHILE ACTING UNDER ARMED FORCES SPECIAL POWERS ACT, 1958

Do's.

I. Action before Operation.

(a) Act only in the area declared 'Disturbed Area' under Section 3 of the Act.

(b) Power to open fire using force or arrest is to be exercised under this Act only by an officer/JCO/WO
and NCO.

(c) Before launching any raid/search, definite information about the activity to be obtained from the
local civil authorities.

(d) As far as possible co-opt representative of local civil administration during the raid.

2. Action during Operation.

(a) In case of necessity of opening fire and using any force against the suspect or any person acting in
contravention to law and order, ascertain first that it is essential for maintenance of public order. Open
fire only after due warning.

Naga People's Movement of Human Rights vs. Union of India (UOI) (27.11.1997 - SC) :
MANU/SC/0906/1998
In addition to the powers conferred under the Act, provision is made for use of armed forces in the
following provisions contained in Sections 130 and 131 of the Criminal Procedure Code, 1973 (for short
Cr. P.C.) :-

"Section 130. Use of armed forces to disperse assembly.- (1) If any such assembly cannot be otherwise
dispersed, and if it is necessary for the public security that it should be dispersed, the Executive
Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.

(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed
forces to disperse the assembly with the help of the armed forces under his command, and to arrest and
confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest
and confine in order to disperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisition in such manner, as he thinks fit, but
in so doing he shall use as little force, and do as little injury to person and property, as may be consistent
with dispersing the assembly and arresting and detaining such persons.

Naga People's Movement of Human Rights vs. Union of India (UOI) (27.11.1997 - SC) :
MANU/SC/0906/1998

Afspa act

3.Powers to declare areas to be disturbed areas – If, in relation to any state or Union Territory to which
this act extends, the Governor of that State or the administrator of that Union Territory or the Central
Government, in either case, if of the opinion that the whole or any part of such State of Union territory,
as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of
the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or
the Central Government, as the case may be , may by notification in the Official Gazette, declare the
whole or such part of such State or Union territory to be a disturbed area].

4.Special powers of the armed forces. Any commissioned officer, warrant officer, non-commissioned
officer or any other person of equivalent rank in the armed forces may, in a disturbed area, - (a)if he is of
the opinion that it is necessary so to do for the 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 prohibiting the assembly of five or more persons or the carrying of weapons or of things
capable of being used as weapons or of fire-arms, ammunition or explosive substances