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| Will top Army brass accept amended AFSPA for J&K? | | | EARLY TIMES REPORT
JAMMU, June 30: Despite the fact that the top Army functionaries continue to oppose withdrawal of the AFSPA, which has been in force in Jammu and Kashmir since 1990, the Union Home Ministry has started framing some amendments to the Act which could satisfy people and politicians in Kashmir and evoke no opposition from Armed Forces.
In fact, Union Home Minister P.Chidambaram is only senior central government leader who has been supporting Chief Minister Omar Abdullah's demand for withdrawal of the Act, at least from five districts of the state. Chidambaram would have implemented his plan, had not top Army functionaries besides Defence Minister A.K.Antony, opposed even the partial withdrawal of the Act.
The issue has been revived after the union Home Minister P Chidambaram said his position on controversial AFSPA in Jammu and Kashmir has not changed and the Centre is considering three amendments proposed by his ministry to the Act. Home Ministry has proposed three amendments to the Armed Forces Special Powers Act and the Cabinet Committee on Security (CCS) is considering them, Chidambaram said.
"There is no change in the position. MHA's position is that the Act must be amended and we have proposed three amendments to the Act which is under consideration of the CCS," he said. There is a growing clamor for the Act, which gives special powers to Army, to be amended or withdrawn and Chief Minister Omar Abdullah is leading the campaign for its revocation.-
Informed sources said that section 4 of the Act was being either amended or dropped. Under Section 4 of the AFSPA, an authorized officer in a disturbed area enjoys certain powers. The authorized officer has the power to open fire at any individual even if it results in death if the individual violates laws which prohibit (a) the assembly of five or more persons; or (b) carrying of weapons.
However, the officer has to give a warning before opening fire. The authorized officer has also been given the power to (a) arrest without a warrant; and (b) seize and search without any warrant any premise in order to make an arrest or recovery of hostages, arms and ammunitions.
Sources said that since AFSPA gave blanket powers to the security forces to carry out search operations, open fire on suspected militants and subversives and arrest any person without any warrant had remained a bone contention between the centre and the state Government he proposed amendments is likely to provide room for state players to remain involved in such operations.
According to these sources, powers given to the security forces, under the Act, for seizing and arresting without any warrant was being amended. The security forces may, wherever required, carry out search operations after warrants were issued by the Magistrates.
Sources said that the CCS may have to go by the recommendations of the top Army brass before it accepted the amendments proposed by the union Home Ministry. Defence Ministry sources said that "we have to abide by the report from the field and Corps commanders who are in a position to judge the ground realities." They said amendments should not dilute the basic spirit of the Act which may cease to act as a legal cover for the security forces.
Sources favoured deferment in the programme of amending AFSPA because the security scenario in Jammu and Kashmir has, once again, registered a downward curve with militants, subversives and separatists trying to destabilize peace. It is proposed that Individuals who have been taken into custody have to be handed over to the nearest police station within 24 hours and not as soon as possible, as is provided in the Act.
Another proposed amendment pertains to the prosecution of an authorized officer which requires prior permission of the central government. The proposed amendment may not make prior permission from the central government mandatory.
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