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| AF (JK) SPA has already lapsed! | | | ET REPORT
JAMMU, Aug 22: The Union Home Minister P Chidambaram and the Chief Minister, Omar Abdullah in their respective statements last week have ruled out repeal of controversial Armed Forces Jammu Kashmir Special Powers Act {AF JKSPA}. Omar said some draconian sections may be amended to make the Act `humane'. Chidambaram and Omar seem to ignore a harsh reality. Is AFSPA applicable to Jammu Kashmir?
Senior officials of the home department say the Act has already lapsed as mandatory notices to keep the law in force have not been issued. "The government has to issue notification after the expiry of six months when it reviews the AF (JK) SPA. They admit that in case of Jammu Kashmir it has not been followed and notices were not issued", they said.
The AFSPA became an Act on September 10, 1990 when it got the concurrence of the then governor. Immediately after this, a notification declaring the Valley as disturbed area was issued. In 1992 the president of India repealed the Act and enacted Jammu Kashmir Disturbed Area Act. However, the duration of the Act for which it was enforced was not mentioned.
In 1997 the National Conference Government enacted the Disturbed Area Act 1997 declaring the whole State as "disturbed." However, the duration of the law was only for one year. On October 1998, the NC government allowed it to lapse.
The matter was simply forgotten till August 10, 2001. On August 10, 2001 an order was issued by the then Principal Secretary Home Department of the Government of Jammu Kashmir extending disturbed area to Jammu province. The order says: "Whereas the Governor is of the opinion that the State is in such a disturbed condition that the Armed Forces in the aid of civil power are necessary to prevent the activities involving terrorist acts directed towards striking terror in the people. Now, therefore, in exercise of the powers conferred by section 3 of the Armed Forces (Jammu and Kashmir) Special Powers Act 1990, the Governor hereby declares the districts of Jammu, Kathua, Udhampur, Poonch, Rajouri, and Doda to be disturbed areas in addition to the districts of Srinagar, Budgam, Anantnag, Pulwama, Baramulla and Kupwara stand already so declared." But the notification has not specified the time bar.
The former Chief Minister, Ghulam Nabi Azad admitted on the floor of the hose that the Disturbed Area Act had lapsed in 1998. He however said "Armed Forces Special Powers Act is Central Act, enacted by the Parliament of India. Therefore, the State Legislature cannot review or repeal this act." The state officials, however, do not subscribe to his views. According to them, once the Act lapses all the notifications issued automatically lapse. "What is P Chidambaram talking about? Omar Abdullah also is unaware. They need to enact a new legislation as the older law has lapsed", they made clear. |
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