LAWS(SC)-2024-9-39

RABINA GHALE Vs. UNION OF INDIA

Decided On September 17, 2024
Rabina Ghale Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The Writ Petition (Criminal) No. 265 of 2022 and Writ Petition (Criminal) No. 250 of 2022 have been filed with the following prayers:

(2.) Without going into detailed facts, it would be relevant to quote an order dtd. 19/7/2022 passed by this Court in the above two writ petitions, as the said order incorporates the crux of the matter:

(3.) Thereafter, on 7/3/2024, Ms. Aishwarya Bhati, learner Additional Solicitor General, informed this Court that the sanction under Sec. 6 of the Armed Forces (Special Powers) Act, 1958 [In short, the AFSP Act, 1958] has since been declined by competent authority, vide order dtd. 28/2/2023. When this Court expressed its view that it was quashing the FIRs in view of the rejection of the sanction, the learned Advocate General for the State of Nagaland, Mr. K.N. Balgopal insisted on filing an affidavit and praying for time to do the needful. With hesitation, this Court granted time to the Advocate General. The order dtd. 7/3/2024 is reproduced hereunder: