other (AIR 1989 Gauhati 20) that the appointment of an Inquiry into the working of the Armed Forces, when they commit excess or disrupt public order while deployed to discharge the functions exclusively entrusted to the Central Government, should be made by the Central Government. The applicant therefore respectfully submits that conjoint reading of the above referred legal provisions would show that only the Central Government is a competent to order an Inquiry for the purpose of making an Inquiry into the affairs and conduct of xxx xxxxx.
9. That the Applicant respectfully submits that in view of the position explained above, the direction for appearance of Commanding Officer and Company Commander of 22 Rashtriya Rifles to examine them and record their statements is beyond the executive powers. Consequently, with due respects it is humbly submitted that the Communication issued by the Learned Inquiry Officer is without authority of law and thus without jurisdiction as such, not valid and can not be acted upon.
10. That without prejudice to the preliminary objections raised herein above as to the jurisdiction of the Inquiry the Applicant in order to facilitate the conduct of the Inquiry into the incidents submits the facts as available with the applicant in his official capacity as Commander 5 Sector Rashtriya Rifles, which is annexed and marked as Annexure A. That it is also submitted that in the event of the Learned Inquiry Officer requiring any other information regarding the incident, the same may be forwarded to the Applicant for necessary action.
11. That in order to ascertain the details of the incident, a Court of Inquiry headed by a senior officer has been ordered under the provisions of the Army Act and Rules made there under which is in progress.
Prayer:
In the premises, aforesaid, the Applicant respectfully prays that this Inquiry may graciously be pleased to withdraw / cancel / revoke its communication No DMB / 2009 /PS/2471-72 dated 24 February 2009 for appearance of Commanding Officer and Company Commander of 22 Rashtriya Rifles before the Learned Inquiry Officer and may take up the matter with the State Government for appropriate action or pass any such other order or orders as the learned Inquiry Officer may deem fit and proper.
And fir this act of kindness, the humble Applicant as in duty bound shall ever pray.
Sd/-
Applicant
yes the Indian army has been given licence by the Government of India under this draconian law AFSPAto kill kashmiries any where any time without any fault, but they are no where accountable, this is incredible India , there policy is to kill and crush kashmiries and shut their mouths and curb their voices by force, what a democratic country is India , it beyond the imaginations of a common man that how they are adopting this in human policy