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| Amending RPC to give legal immunity to Army no concession | | Extraordinary Situation, Extraordinary Law | | Rustam
JAMMU, Nov 26: The State of Jammu and Kashmir has been witnessing secessionist violence, particularly since the late 1980s. It was not without a reason that the then State Governor brought the militancy-affected areas under the jurisdiction of the Armed Forces Special Powers Act (AFSPA) to not only fight out secessionist violence but also to defeat the Pakistani sinister game-plan. The situation in the state continues to be volatile. Anything can happen anywhere and anytime in the state. Hundreds of gun-totting terrorists are still roaming in the Valley and trying their best to vitiate the atmosphere in Kashmir and outside. Pakistan has not abandoned its grab-Kashmir and break-India agenda. Terror continues to be an integral part of state policy in Pakistan. Kashmiri secessionists have also not abandoned their anti-India agenda. They continue to arouse passions and provoke people to rise in revolt against India and engineer confrontations between their supporters and the Army and paramilitary forces. It is because of the splendid role of the Army and paramilitary forces that Pakistan and its agents in Kashmir have failed to implement their agenda. Hence, the need for an extraordinary law to avert any eventuality.
Chief Minister Omar Abdullah, who had declared on October 21 this year that he would remove the AFSPA from certain areas before the Durbar move without taking into confidence the Army and other relevant authorities and in the process undermined his credibility and authority, ultimately realized a couple of days ago that he did commit a serious mistake by raking up this issue. He, in fact, realized that anymore insistence on his part on the AFSPA revocation could cost him the office of Chief Minister and, hence, a complete U-turn. His suggestion that his government would amend the Ranbir Penal Code (RPC) and bring it at par with the Indian Criminal Procedure Code (CrPC) so that the Army and others involved in the counter-insurgency operations enjoy legal immunity needs to be viewed in this context.
In other words, the Chief Minister decided to take recourse to this line to allay the fears and apprehensions of the Army not because he actually wanted to pursue this line. He decided to pursue a new line because he had finally realized that there is none in New Delhi and in the Army who is prepared to go with him and allow him and others of his ilk to jeopardize national security. Even the Congress took the Chief Minister to task for not consulting it. The fact of the matter is that the Chief Minister wanted to revoke the AFSPA to create for himself a particular constituency and please certain other elements, but miserably failed. This is a hard fact. It's lust for power that has been responsible for the change in his attitude. In any case, the Chief Minister's suggestion deserves appreciation.
It is disgusting that certain elements have described as "concession" the Chief Minister's suggestion that his government would incorporate certain provisions as contained in the Indian CrPC in the RPC in order to give legal immunity to the Army and paramilitary forces fighting Pakistan and Pakistan-sponsored and trained dreaded militants and secessionists. "It seems that Chief Minister's effort of building consensus on the revocation is heading towards success without causing displeasure to any of the stakeholders. With the concession he has made of amending the RPC to take care of the concerns of the Army, a way has been paved for stabilizing peace and reconciliation in the troubled state. The CM has already won the approval of broad masses of people that AFSPA has to go. It means he has indirectly made them party to ensuring peace and normalcy in the state," says one such element. The one who has come out with this "concession" formulation has virtually insulted the Army and those engaged in eliminating the menace of terrorism and separatism. Giving legal immunity to security forces fighting terrorism and secessionism and defending borders is not a concession. It is requirement of the time and need of the nation. Again, to say that the Chief Minister "has already won the approval of broad masses of people that AFSPA has to go" would be to cross the line and misrepresent things. The fact is that only those who wish to dismember India are with those who want to weaken the institution of Indian Army. |
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