Responding to growing calls to defang soldiers who patrol the Valley with special powers and legal immunity, chief minister Omar Abdullah on Thursday announced that his government has started the process to revoke the Armed Forces Special Powers Act (AFSPA) and Disturbed Areas Act in the state. ‘‘The troops and security forces will be sent back to the barracks soon,’’ he said.
Omar’s announcement came in reply to an assembly debate on the withdrawal of AFSPA initiated by PDP MLAs with party leader Mehbooba Mufti, who charged the National Conference-led government with ‘‘perpetuating a reign of terror in Kashmir’’ and called for the repeal of AFSPA saying, ‘‘This must stop.’’
Imposed in July 1990 during governor Jagmohan’s rule, AFSPA was intended to remain in effect for a short period to help security forces quell militancy. But surprisingly, even though National Conference came to power in 1996 under Farooq Abdullah, AFSPA was not even debated leave aside removed. Farooq also appeared to ignore the direction of the SC in 1998 which stressed on the need for a review of AFSPA every six months. Instead, Farooq urged the NDA-led Centre (NC was then an ally) to impose AFSPA in Jammu in 2001, to which it agreed.
However, the state government can only recommend withdrawing the act in the state and the final decision rests with the Union home ministry.
A defence spokesperson in Srinagar, when asked to comment, said, ‘‘This is a political decision. The Army has no comments to make.’’
The immediate trigger for the debate was the death of two youths in Sopore last week. With passions and protests running high, the demand for removing AFSPA gained momentum. CPM state secretary M Yousuf Tarigami called for the immediate implementation of M A Ansari Working Group’s recommendations, which called for scrapping of AFSPA and Disturbed Areas Act in J&K without delay. ‘‘The action would have exceptionally positive impact on ground,’’ Tarigami said.
Without naming Mufti, Tarigami said the patron of the same party, that played a key role in 1990 in enacting the same law in Parliament, was calling for its removal. Mufti Mohammed Sayeed was the Union home minister in 1990 when the law was extended by Parliament to cover J&K.
After relinquishing power as CM in 2005, Mufti demanded the revocation of AFSPA in J&K. The abrogation of the draconian law also became part of the PDP’s manifesto.
SOPORE FALLOUT
- Armed Forces (Special Powers) Act passed by Parliament on September 11, 1958 to tackle insurgency in Northeast
- Under AFSPA, Army in disturbed areas in J&K and N-E has the power to: — Fire upon or use force even if it causes death — Arrest without warrant & with use of ‘necessary’ force — Enter, search any premise
- Soldiers get immunity from prosecution and lawsuits
Source:- The Times of India 27 Feb. 09 Delhi P. 10
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