Syed Junaid Hashmi
jammu, Nov 11: Army has in strong words opposed revocation of Armed Forces Special Powers Act (AFSPA) from any part of the state, citing strategic and security reasons. In a written communique to Union Defense ministry, sources said Army has reiterated that situation may not be right as yet to consider review of continuation of AFSPA in J&K in view of the continuing armed infiltration, and sometimes in very large numbers, from across the Line of Control (LOC). It has referred to strategic and security aspects the prevailing situation while saying that any move to revoke it would be detrimental to the security of the state and the country. Sources in New Delhi said that Army has made it clear that instead of politicizing the issue, those at the helm of affairs should take thorough review of emerging scenario on the other side of line of control in Pakistan Occupied Kashmir (POK). They have referred to increase in the number of terror training camps besides making a mention of growing Pak-China military cooperation especially in POK. Army has made a mention of intelligence inputs and intercepts that it has received in the last 2-3 months. According to Army's estimates that have been verified by other agencies, around 2,500 militants are present in 42 training camps in Pakistan-occupied Kashmir (Pok). Of these, 800 are poised to cross over to Jammu and Kashmir. Army has stated that intercepts indicate that infiltration attempts are likely to continue even during the winter months - a period when infiltration figures, otherwise, come down considerably. Army has also referred to continued support to militancy from across the border and urged the centre not to withdraw this provision which would embolden the separatists and other anti-national elements, asserted sources. Withdrawing AFSPA from any part of state, be it Srinagar , Budgam, Samba or Jammu, would demoralize forces fighting militancy since they would have to face local courts even over false and frivolous complaints; army has reportedly told the centre. It has further referred to the recent spurt in militant attacks and said that revocation of the act would vane away the achievements made by army while fighting militancy. Sources asserted that Defense Ministry centre has heeded to the caution of the army and already called for sensitizing armed forces to use utmost discretion while using the provisions of this Act to ensure that no violation of personal or human rights take place. Meanwhile, reliable sources informed that Union Home Ministry is working overnight to find a way out of the ensuing confrontation between an adamant Chief Minister Omar Abdullah and Army. They said that ministry is seriously considering to amend the act without withdrawing it from any part of the state. Sources asserted that the move would address both the concern of Chief Minister Omar Abdullah and Army, which has opposed its revocation tooth and nail. They confirmed that proposed amendments would curb powers of the Army. Regarding proposed amendments, sources said that barring Section-4 of Armed Forces (J&K) Special Powers Act-1990 which is being amended, no other section of the central act is being amended in general neither is any section being deleted. They informed that this amendment will remove provision in Section 4 which gives soldiers above and including the rank of non-commissioned officer the authority to fire upon and even kill individuals so long as they are "of the opinion that it is necessary to do so for the maintenance of public order," said sources. They added that draft has also incorporated safeguards or list of "do's and don'ts" as stipulated by the Supreme Court of India in its 1997 judgment on the constitutionality of AFSPA. However, section 3 which vests powers in the governor to declare an area as disturbed and section 7 which guarantees impunity to the central forces from being tried in a local court are both not being amended. Section 3 pertains to power to declare areas as disturbed. It states "If, in relation to the state of Jammu and Kashmir, the governor of that state or the central government, is of opinion that the whole or any part of the state is in such a disturbed and dangerous condition, the governor of the state or the central government, may, by notification in the official gazette, declare the whole or any part of the State to be a disturbed area. Section 7 of AFSPA-1990 says "No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act." Sources affirmed that this section has been left untouched and centre has reportedly heeded to the caution of the army and decided against "doing too much with the act". Another major amendment is the incorporation of a new section in the act which paves way for arrest of the army personnel allegedly involved in fake encounters and custodial murders killings. The proposed amendments would ensure that the accused is handed over to local police authorities for prosecution. Sources affirmed that sub-sections of section-4 which confer special powers to the armed forces are also being amended. Extraordinary powers awarded to the non-commissioned officers under the Act which made it a symbol of oppression are being taken away. Sources said that sub-section 4(a) which empowers non-commissioned officers to "fire upon or use force, even to the causing of death" is being amended. Under the amended act, non-commissioned officers shall be prohibited from ordering use of fire-arms while commissioned officers shall not use firearms against persons except in self-defense or defense of others against imminent threat of death or serious injury, informed the sources. Section 5 of the act is being dropped, said the sources. This section provided powers to the army to break open the lock of any door, almirah, safe, box, cupboard, drawer, package or other thing, if the key thereof is withheld. Human rights activist are of the firm opinion that amending this section would do little in curbing extraordinary powers enjoyed by the army and other central forces.
jammu, Nov 11: Army has in strong words opposed revocation of Armed Forces Special Powers Act (AFSPA) from any part of the state, citing strategic and security reasons. In a written communique to Union Defense ministry, sources said Army has reiterated that situation may not be right as yet to consider review of continuation of AFSPA in J&K in view of the continuing armed infiltration, and sometimes in very large numbers, from across the Line of Control (LOC). It has referred to strategic and security aspects the prevailing situation while saying that any move to revoke it would be detrimental to the security of the state and the country. Sources in New Delhi said that Army has made it clear that instead of politicizing the issue, those at the helm of affairs should take thorough review of emerging scenario on the other side of line of control in Pakistan Occupied Kashmir (POK). They have referred to increase in the number of terror training camps besides making a mention of growing Pak-China military cooperation especially in POK. Army has made a mention of intelligence inputs and intercepts that it has received in the last 2-3 months. According to Army's estimates that have been verified by other agencies, around 2,500 militants are present in 42 training camps in Pakistan-occupied Kashmir (Pok). Of these, 800 are poised to cross over to Jammu and Kashmir. Army has stated that intercepts indicate that infiltration attempts are likely to continue even during the winter months - a period when infiltration figures, otherwise, come down considerably. Army has also referred to continued support to militancy from across the border and urged the centre not to withdraw this provision which would embolden the separatists and other anti-national elements, asserted sources. Withdrawing AFSPA from any part of state, be it Srinagar , Budgam, Samba or Jammu, would demoralize forces fighting militancy since they would have to face local courts even over false and frivolous complaints; army has reportedly told the centre. It has further referred to the recent spurt in militant attacks and said that revocation of the act would vane away the achievements made by army while fighting militancy. Sources asserted that Defense Ministry centre has heeded to the caution of the army and already called for sensitizing armed forces to use utmost discretion while using the provisions of this Act to ensure that no violation of personal or human rights take place. Meanwhile, reliable sources informed that Union Home Ministry is working overnight to find a way out of the ensuing confrontation between an adamant Chief Minister Omar Abdullah and Army. They said that ministry is seriously considering to amend the act without withdrawing it from any part of the state. Sources asserted that the move would address both the concern of Chief Minister Omar Abdullah and Army, which has opposed its revocation tooth and nail. They confirmed that proposed amendments would curb powers of the Army. Regarding proposed amendments, sources said that barring Section-4 of Armed Forces (J&K) Special Powers Act-1990 which is being amended, no other section of the central act is being amended in general neither is any section being deleted. They informed that this amendment will remove provision in Section 4 which gives soldiers above and including the rank of non-commissioned officer the authority to fire upon and even kill individuals so long as they are "of the opinion that it is necessary to do so for the maintenance of public order," said sources. They added that draft has also incorporated safeguards or list of "do's and don'ts" as stipulated by the Supreme Court of India in its 1997 judgment on the constitutionality of AFSPA. However, section 3 which vests powers in the governor to declare an area as disturbed and section 7 which guarantees impunity to the central forces from being tried in a local court are both not being amended. Section 3 pertains to power to declare areas as disturbed. It states "If, in relation to the state of Jammu and Kashmir, the governor of that state or the central government, is of opinion that the whole or any part of the state is in such a disturbed and dangerous condition, the governor of the state or the central government, may, by notification in the official gazette, declare the whole or any part of the State to be a disturbed area. Section 7 of AFSPA-1990 says "No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act." Sources affirmed that this section has been left untouched and centre has reportedly heeded to the caution of the army and decided against "doing too much with the act". Another major amendment is the incorporation of a new section in the act which paves way for arrest of the army personnel allegedly involved in fake encounters and custodial murders killings. The proposed amendments would ensure that the accused is handed over to local police authorities for prosecution. Sources affirmed that sub-sections of section-4 which confer special powers to the armed forces are also being amended. Extraordinary powers awarded to the non-commissioned officers under the Act which made it a symbol of oppression are being taken away. Sources said that sub-section 4(a) which empowers non-commissioned officers to "fire upon or use force, even to the causing of death" is being amended. Under the amended act, non-commissioned officers shall be prohibited from ordering use of fire-arms while commissioned officers shall not use firearms against persons except in self-defense or defense of others against imminent threat of death or serious injury, informed the sources. Section 5 of the act is being dropped, said the sources. This section provided powers to the army to break open the lock of any door, almirah, safe, box, cupboard, drawer, package or other thing, if the key thereof is withheld. Human rights activist are of the firm opinion that amending this section would do little in curbing extraordinary powers enjoyed by the army and other central forces.
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