Repealing or even modifying the Armed Forces (Special) Powers Act in Jammu and Kashmir is neither under active consideration of the Centre nor has the state government made any formal request for it.
Hence, the hullabaloo being made in public over the contentious issue by various players in the state’s mainstream politics, essentially those in power with chief minister Omar Abdullah being in the lead, appears to be only for political consumption. That, at least for now is the stance of the Army which is opposed to the idea of tampering with the law that gives it legal protection and refused to give in to on the issue has prevailed. Defence ministry played the role of a firm benefactor for it in the pleas made before Prime Minister Dr Manmohan Singh and other relevant quarters over the past few months, official sources said.
The Cabinet Committee on Security (CCS) had in September 2011 decided to initiate measures towards partial removal of AFSPA from the state in view of considerable improvement in the security situation. Before any formal announcement to this effect could be made in New Delhi, chief minister Abdullah who had a series of discussions with Union home minister P. Chidambaram on the issue tried to steal the show by announcing at a police commemoration day function at Zewan near Srinagar on October 21 that AFSPA and Disturbed Areas Act (DDA) will be revoked from the areas in Jammu and Kashmir that are deemed peaceful now “within next few days.” He added that the special laws imposed in the state following the outbreak of insurgency in 1989-90 will go from the remaining areas as well with the restoration of peace and tranquillity. “With the gradual improvement in the security situation and return of peace, some laws are being removed from some areas within next a few days…The return of peaceful situation has paved the way in this direction and these laws would be revoked from all parts of the state with the restoration of peace and tranquillity,” he had said.
Though Mr Chidam-baram said that there was nothing “unusual” in Mr Abdullah’s announcement on partial removal of AFSPA from the state as “the move is part of the decisions taken by the CCS last September,” the public statement from the chief minister apparently served as a warning sign to the Army which quickly began to pull the strings with relevant quarters. Also, senior Army officers from Chief of Army Staff General V. K. Singh to Northern Command chief Lt. Gen. K.T. Parnaik and Srinagar-based 15 (Chinar) Corps General-officer-Comma-nding Lt. Gen. Syed Atta Hussain chose to publicly take up the cudgels for the issue. The Army, apart from being openly supported by the defence ministry, received political support from the BJP and other likeminded parties and groups. On the other hand, Mr Abdullah seized every opportunity that came his way to disparage the Army generals over their “rigid” stance. He has not only continued to raise pitch over the partial withdrawal of AFSPA but also pass judgment on the issue. On Tuesday, while citing the SC’s recent observation, he said the statute was not aimed at protecting acts of crime.
“AFSPA is for legitimate protection and not for protection of the acts of crime. And that is something we have always maintained,” he told reporters in Jammu.
But sources said that the MEA has not been formally approached by the successive state governments during the past nine years with any
recommendation or request for withdrawal, amendment or revocation of the contentious law in force in the state since 1990.