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| Powers to shoot and arrest under AFSPA may be modified | | AFSPA to be made less draconian | | Early Times Report
Jammu, Apr 11: Chief Minister Omar Abdullah seemingly feels to have been slighted when the Union Home Minister P. Chidambaram, refused to concede Omar's demand for withdrawal of AFSPA from the districts of Jammu, Kathua, Samba, Srinagar and Budgam where the level of militancy related violence and activities have nose-dived during the last over one year.
It was only three weeks ago that Omar Abdullah had announced that the AFSPA will have to go. He had indicated that his recommendations for partial withdrawal of the Act may be conceded by the Government of India. His assumption on the issue was based on full support he had received from Chidambaram who had a year ago, favoured partial withdrawal of the Act.
Knowing that the Muftis have been campaigning for the repeal of the AFSPA during the last four years Omar had plans of scoring over his arch political rivals, the Muftis, by goading the centre for partial withdrawal of the Act. However, he has failed in his attempt.
This is evident when Chidambaram announced in Jammu that his Ministry had recommended three amendments in the AFSPA. These amendments along with the demand for making public the report of the three interlocutors would by discussed by the Cabinet Committee on Security next week.
Despite the fact that Omar Abdullah had made last minute efforts for convincing Chidambaram on the need for partial withdrawal of the AFSPA the Union Minister did not seem to have been motivated. In fact he did not want to make any commitment on the controversial issue which would later be scuttled by the Defence Ministry. This is what had happened about a year ago when both the Defence Minister, A.K. Antony, and the Army Chief, Gen.V.K. Singh, opposed Chidambaram's plea for partial withdrawal of the AFSPA from Jammu and Kashmir.
Antony and Gen. Singh had made it clear that the troops and the security forces, engaged in counter insurgency operations, need some legal cover and that too when a sustained campaign has been launched against the Army and the paramilitary forces for their alleged involvement in human rights violations.
Omar had thought that since Gen. Singh was to retire next month it was politically correct to renew his campaign for partial withdrawal of the AFSPA which provides for powers to the security forces to shoot, arrest or carry out search operations without the orders from the Magistrates.
The Chief Minister's folly was that he had believed that it was Gen. Singh whose opposition to the partial withdrawal of the AFSPA had influenced the Defence Minister. Omar should know it that while operating in an unfavorable environment the Army needs some legal protection and in the absence of such legal cover the troops may be forced to confine themselves to the barracks.
Now that Chidambaram has hinted that his three amendments to the AFSPA may be conceded by the CCS it is believed that some correctives may be incorporated in the Act as far as the blanket powers to the Army to shoot are concerned. Knowledgeable circles say that under the proposed amendment the powers to the security forces to shoot, to arrest and to carry out search operations may be slightly modified.
Whenever the troops are out to search for militants they may be told to carry the search and arrest warrants issued by the Magistrates. Secondly, those arrested may have to be produced before the courts within some stipulated time. In fact the main purpose of the amendments was to make the AFSPA less draconian so that the security forces do not have unbridled powers for indulging in human rights violations.
Even if these amendments are accepted Omar should feel satisfied. He can claim success for having won 50 per cent battle. Yes, the security scenario in Jammu and Kashmir has registered improvement still there is no reason or justification for downgrading the security grid in the state when frantic efforts were being made by agencies across the LOC at pushing groups of militants into Jammu and Kashmir. |
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