Since 2001, the Government of India denied sanction to 47 of the 50 cases it received from the Jammu and Kashmir government seeking prosecution of armed forces under AFSPA for offences like rape and custodial killings , the ministry of defence has informed the Parliament.
Replying to a question in the Rajya Sabha on Monday, minister of state Subhash Bhamre said that 50 cases were received starting 2001, maximum of which were received in the year 2006 (17). The cases included death in operation, encounter, retaliatory fire, killing after abduction, beating of civilians, custodial death among other alleged offences, according to The government received two cases relating to rape of a woman and sanctions of persecution were denied for both
Of the three cases that are pending, one relates to disappearance of a civilian in 2006, the second case is related to kidnapping of a civilian in 2011 and the other case relates to killing of a civilian in 2014. “The reason for denial / pendency of prosecution sanction is on account of lack of sufficient evidence to establish a prima facie case,” said Bhamre.
The Centre’s sanction is mandatory for prosecution of members of armed forces posted in Jammu and Kashmir under Section 7 of the Armed Forces Special Powers Act (AFSPA), which was promulgated in 1991.