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| Let PDP stop politicising AFSPA | | | When P Chidambaram,former Union Minister in the Council of Ministers led by Manmohan Singh,had supported Omar Abdullah's repeated demand for lifting of AFSPA in Jammu and Kashmir he was vetoed by the Ministry of Defence.This indicates that even a powerful minister like Chidambaram,who was a trusted man of Manmohan Singh and Sonia Gandhi,could not use his influence in getting the AFSPA lifted from Jammu and Kashmir because the issue was so sensitive that it had to receive approval from the Ministry of Defence.And the Ministry of Defence is guided by the top functionaries in the Army headquarters.The Top people in the Army headquarters bank on the report or feedback from the Corps commanders deployed in Jammu and Kashmir. The Armed Forces Special Powers Act (AFSPA) was first imposed in North Eastern region in view of the growing problems of Naxals,Nagas and Maoists and later it was in 1990 that the Act was imposed in Jammu and Kashmir in the wake of rise of Pakistan sponsored insurgency in the state which had forced over 3.50 lakh Kashmiri Pandits to flee from their towns and villages in the valley.The valley had witnessed during 1989-90 mayhem in which several thousand people,including women and children,had been killed by militants who had been trained in arms training camps in Pakistan and occupied Kashmir.
Under the AFSPA after giving such due warning, Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order,Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons. Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occas-ioning the arrest. Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review . Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.
The Act was imposed in Punjab in early 80's and was later lifted when the state was liberated from the activities of terrorists.One has to be quite objective while demanding lifting of AFSPA and that is possible if one reviews the entire security scenario in the state in the contest of repeated ceasefire violations on the LOC and on the IB by the Pakistani troops and their assistance to militants in crossing into Jammu and Kashmir. And the Army deployed on the entire border and within the state is the right agency that can determine whether time has come for the lifting of the AFSPA or one has to wait for more time lest the situation does assume serious dimensions. This way if the PDP is imposing a condition for sharing power with the BJP it should seek more financial assistance from the BJP led NDA Government and if it wants the BJP to keep mum on Article 370 there should be no problem for the saffrom parivaar for it.
But seeking the BJP's intervention in getting the AFSPA lifted is amatter that Modi alone cannot do it. Modi, however powerful he may be as Prime Minister, has to seek the opinion from the Ministry of Defence,or to be precise from the top brass of the Army. Yes, enforcement of the AFSPA has invited great criticism from people and has resulted in peoples' alienation but if the Act has remained in force for more than 24 years let it remain In force for a year or so till the security situation is back to normal.Let political parties stop politicizing the issue which is simply a matter that has to be the baby of the Army. |
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