Author: Rahul Datta
Publication: The Pioneer
Date: July 4, 2009
http://www.dailypioneer.com/186920/%E2%80%98Withdrawing-AFSP-Act-will-hit-fight-against-terrorists%E2%80%99.html
Amid reports that the Central Government is
likely to withdraw the Armed Forces Special Powers Act (AFSPA) from Jammu
and Kashmir, security forces have expressed concern saying it will seriously
hamper the fight against terrorism and insurgency in the State.
Maintaining that the overall situation was
not yet conducive for taking such a major decision, operational commanders
said here on Friday that things could slide back to the early 1990s when militants
virtually called the shots in Kashmir.
Having gained the upper hand against Pakistan-sponsored
militancy in the State after a sustained campaign over a span of 10 years,
they said withdrawal of the AFSP Act will negate the gains. The AFSP Act was
promulgated in Jammu and Kashmir in 1990.
Cautioning the decision makers to study all
aspects and ramifications before arriving at a decision, they said the security
forces had now managed to reduce the area of influence of the militants. They
were now finding it difficult to find sympathisers and safe houses to escape
the dragnet of the security forces; thereby seriously hampering their capability
to carry out terror strikes.
The security situation was improving gradually
and the peaceful conduct of the Assembly and Lok Sabha polls earlier this
year was an indicator of this, they added. However, the security forces could
not lower their guard and the momentum of anti-terrorist operations had to
be maintained, they said. The AFSP Act had proved to be a major deterrent
for the militants and any move to withdraw it at the present juncture could
prove to be counter-productive, they said.
As regards the necessity for the AFSP Act,
they said it gave the Army judicial powers to question any suspect and use
force, if necessary, in an operation. They said terrorists still enjoyed local
support and the security forces, not familiar with the terrain, found it difficult
to operate in populated areas.
The AFSP Act gives them the operational freedom
and a certain amount of immunity to isolate the terrorists from the local
populace. The Act allows the Army to enter any premises and conduct cordon
and search, use a firearm and check the antecedents of a suspect.
In normal times, the State police can only
use judicial powers and any other institution or person trying to assume these
powers is liable to be prosecuted. Giving specific instances, sources said
the terrorists in Kashmir try to exploit women and children by using them
as shields. The AFSP Act gives the security forces the freedom to take action
against such tactics used by militants.
Giving another example, they said that while
chasing a terrorist, the security forces cannot wait for an order from a judicial
officer as he may be pre-occupied. Any delay at that critical moment, when
speed and surprise is necessary, will allow the militant to escape and the
AFSP Act allows the Army to conduct anti-militancy operations in a seamless
fashion.
The Armed Forces (Special Powers) Act was
passed on September 11, 1958, by Parliament. It was passed to enable certain
special powers to be conferred upon the armed forces in disturbed areas.
According to the AFSP Act, in an area that
is proclaimed as "disturbed", an officer of the armed forces has
powers to fire upon or use other kinds of force even if it causes death, to
arrest without a warrant and with the use of "necessary" force anyone
who has committed certain offences or is suspected of having done so. The
Act also allows the security forces to enter and search any premises in order
to make such arrests. Army officers have legal immunity for their actions.
