In a revelation that is bound to rake up controversy over the powers of Jammu & Kashmir Police to fire, destroy any arms dump or fortified position being or likely to be used by terrorists, and their immunity from legal prosecution for such actions during counter insurgency operations except with the previous sanction of state government, the state government on Tuesday said that there has been no Disturbed Areas Act in the state since 1998.
Significantly, the revelation has come at a time when Mufti Sayeed government is talking of denotifying certain areas of the state for phased withdrawal of Armed Forces Special Powers Act (AFSPA). “Keeping in mind that the situation is steadily improving, the government will examine the need for de-notifying disturbed areas and this, in turn, would enable the Central government to take a final view on the continuation of AFSPA in such areas,’’ read the Governor’s address to a joint sitting of both the Houses of the State Legislature on opening day of the current budget session.
“This is to inform you that the Jammu & Kashmir Disturbed Area Act, 1997, was valid for only one year and had lapsed on October 7, 1998,’’ wrote Additional Secretary in the State Legislative Council informing opposition National Conference legislator Dr S Bashir Ahmad Veeri that “his resolution for revocation of Disturbed Area Act has been disallowed. “At present, the Disturbed Area Act is not in force in the state,” the letter added.
Veeri had submitted the resolution to the Council Secretariat for placing it before the House so as to press the government to revoke the Disturbed Area Act.
Initially, Armed Forces (Jammu & Kashmir) Special Powers Ordinance was promulgated by the then Governor Jagmohan in 1990 so as to empower Army to carry out counter insurgency operations in civilian areas and also to provide it immunity from legal prosecution for its actions except in cases sanctioned by the Union government taken in good faith. Later, the Parliament repealed the ordinance and enacted the AFSPA for the state which received President’s assent on September 10 same year.
To avoid resentment among state police involved in counter insurgency operations along with Army, the Governor promulgated Disturbed Area Ordinance to give them similar powers and immunity from legal prosecution as were available to their counterparts in the Army. This ordinance was repealed by Parliament bv enacting Disturbed Area Act which was later re-enacted by President in 1992.
This President’s Act was ratified for a period of one year by then Farooq Abdullah government in 1997 who had then come to power after the assembly elections.
Disturbed Area Act, the State police does not enjoy the powers and immunity from legal prosecution for its actions taken in good faith during counter insurgency operations as are still available to the Army under AFSPA, said law secretary Mohammad Ashraf Mir, who also holds charge of secretary, Legislative Council.
However, agitated over rejection of his resolution by the Council Secretariat, the NC member raised the issue in the House and even walked into the well. “I have moved a motion seeking adjournment of Question Hour to discuss this important issue as it has serious and wider ramifications,’’ he added.
Council Chairman Amrit Malhotra asked the member to take his seat, saying that he has given him the full reply while rejecting his resolution on Disturbed Area Act. However, as Veeri did not listen to him, the Chairman asked the Marshals to take him out of the House.
Later, outside the Council, Veeri said that the absence of Disturbed Area Act in the state has rendered the continuation of AFSPA “illegal.’’ How AFSPA is continuing in the state when the state government has to first declare an area disturbed under provisions of the Disturbed Area Act which, however, is not in vogue in the state since 1998, he asked.
Education minister Nayeem Akhtar, who also happens to be PDP’s chief spokesperson, accused the NC member of raking up a non-issue. The power to declare an area disturbed is “inherent in AFSPA,” he pointed out. He said that they were talking of de-notifying areas declared disturbed under Section 3 of AFSPA.
