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| Revocation of AFSPA | | Home Secretary puts ball in JK Govt’s court | |
Early Times Report
Jammu, Feb 13: Putting the ball in state government’s court, the Union Home Secretary, GK Pillai today said if there was no change being made in the AFSPA than the area can be denotified (as disturbed) and the law will not be applicable there. He further said that “this is a notification of the state government not a state notification by Central Government."
Pillai, therefore, made it clear that the state government had the authority to denotify an area (as disturbed). And once this is done, Armed Forces Special Powers Act (AFSPA) will cease to be applicable there.
Technically, legal experts believe, the AFSPA has already lapsed as mandatory notifications have not been issued from time to time to ensure its continuity.
The AFSPA became an Act on September 10, 1990 when it got the concurrence of the then governor. Immediately after this, a notification declaring the Valley as disturbed area was issued. In 1992 the president of India repealed the Act and enacted Jammu Kashmir Disturbed Area Act. However, the duration of the Act for which it as enforced was not mentioned.
In 1997 the National Conference Government enacted the Disturbed Area Act 1997 declaring the whole State as “disturbed.” However, the duration of the law was only for one year. On October 1998, the NC government allowed it to lapse.
The matter was simply forgotten till August 10, 2001. On August 10, 2001 an order was issued by the then Principal Secretary Home Department of the Government of Jammu Kashmir extending disturbed area to Jammu province. The order says: “Whereas the Governor is of the opinion that the State is in such a disturbed condition that the Armed Forces in the aid of civil power are necessary to prevent the activities involving terrorist acts directed towards striking terror in the people. Now, therefore, in exercise of the powers conferred by section 3 of the Armed Forces (Jammu and Kashmir) Special Powers Act 1990, the Governor hereby declares the districts of Jammu, Kathua, Udhampur, Poonch, Rajouri, and Doda to be disturbed areas in addition to the districts of Srinagar, Budgam, Anantnag, Pulwama, Baramulla and Kupwara stand already so declared.” But the notification has not specified the time bar.
Senior officials of the Home Department said the government has to issue notification after the expiry of six months when it reviews the AF (JK)SPA. However, they admit that in case of Jammu Kashmir it has not been followed and notices were not issued.
The former Chief Minister, Ghulam Nabi Azad also admitted on the floor of the hose that the Disturbed Area Act had lapsed in 1998.
However, if it is accepted that the Act continues to remain in operation, it can be revoked or repealed by a notification. But can the State government afford it?
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