Chief Minister Omar Abdullah today said his government would immediately act on recommendations of the committees on withdrawal of AFSPA from some parts of J&K as soon as these were submitted to it.
His government was committed to gradual withdrawal of the Armed Forces Special Powers Act from the state, he told the state assembly. 2P98XMTGC9M9
"The recommendations (on withdrawal of AFSPA) of the committees will be acted upon as soon as these are submitted to the government," Omar said in a written reply.
His government had constituted two committees, one each for J&K, to look into the areas from where the Act could be withdrawn, he said.
Showing posts with label AFSPA. Show all posts
Showing posts with label AFSPA. Show all posts
Monday, March 5, 2012
Thursday, February 2, 2012
Govt to bring bill on PSA reforms
18 yrs clause to be included
Govt to bring bill on PSA reforms
The Government today finally decided to take Legislature route for making amendments in Public Safety Act (PSA). The Government would be introducing a bill on the PSA reforms in upcoming budget session of the Legislature beginning February 23.
Official sources told the Excelsior that the Government has decided against sending the draft on PSA back to the Raj Bhavan for issuing an ordinance. Governor NN Vohra had sent back the file in December on the ground that a Clause under which the youth from the State wouldn't be detained under the PSA if they were below the age of 18 years was objectionable as the same Clause was applicable for youth hailing from outside the State.
The Raj Bhavan had sought re-examination of the Clause on the ground that whether it would stand judicial scrutiny as it was against the Constitution, which guaranteed equality of law.
Sources said the Government after lot of deliberations has decided that it would directly introduce the legislation in the Assembly now instead of sending the file back to Raj Bhavan for issuance of an ordinance as only 20 odd days were left for start of the budget session.
‘‘The Government has preferred the Legislature route as it wanted to stick to the Clause of keeping 18 years as minimum age for detention under the PSA for the local youth of the State. However, there would be no age bar for detention of the youth under the PSA, who didn't belong to J&K and were involved in undesirable activities'', they said.
According to sources, if approved by both Houses of the Legislature, the bill again had to go to the Raj Bhavan for final nod. The Governor can return the legislation once but if it was again passed by the two Houses and sent to him for second time, he had to approve it.
Sources said the Government would explain to the Legislature that police could face some compulsions in detaining the youth even below 18 years of age under PSA if they were involved in militancy.
After the file was returned by the Governor early December, the Law Department after taking legal opinion had approved the file in similar form and sent it to the Home Department.
As the reforms in the PSA have been proposed by the Home Department, held by Chief Minister Omar Abdullah, the Government has now decided that it would be introducing the bill in the Assembly for approval of the House.
The new Public Safety Act (PSA), which has been part of the Government's `reforms', had no difference between citizens in other clauses.
‘‘It was only in this clause that minimum age bar of the youth of J&K for detention under PSA has been kept at 18 while there was no age bar for detention of non state-subjects'', sources said.
Other changes proposed in the PSA by the Government included that a Board constituted by the Government for confirmation of PSA, imposed by the District Magistrates and recommendations of the District SPs, would have to confirm or reject the PSA within six week instead of earlier term of eight weeks.
It proposed that the PSA would be imposed only for three months instead of one year in case of public law and order problem. However, it would be extendable up to a term of one year, if necessitated. However, in case of a threat to national security, the PSA would be imposed for a period of six months only instead of earlier term of two years. It would be extendable up to a period of two years.
Term of the chairpersons and members of the Advisory Board for the PSA would be for a period of three years extendable for two more years.
According to sources, the Government wanted to reform the PSA under which a number of Kashmiri youth, mostly stone pelters, had to be detained during 2010 summer unrest last year as well as last year to curb the incidents of stone pelting and street protests.
Sources said the Government wanted to reform the PSA as it was finding it difficult to get Armed Forces Special Powers Act (AFSPA) withdrawn partially from four districts of the State in view of strong objections raised by the Army and endorsed by the Defence Ministry.
Sources said the Government might have kept a different yardstick for detaining youth even below 18 years of age under PSA anticipating that it might have to be applied on Pakistani militants if they sneaked to this side in the teen-age.
Govt to bring bill on PSA reforms
The Government today finally decided to take Legislature route for making amendments in Public Safety Act (PSA). The Government would be introducing a bill on the PSA reforms in upcoming budget session of the Legislature beginning February 23.
Official sources told the Excelsior that the Government has decided against sending the draft on PSA back to the Raj Bhavan for issuing an ordinance. Governor NN Vohra had sent back the file in December on the ground that a Clause under which the youth from the State wouldn't be detained under the PSA if they were below the age of 18 years was objectionable as the same Clause was applicable for youth hailing from outside the State.
The Raj Bhavan had sought re-examination of the Clause on the ground that whether it would stand judicial scrutiny as it was against the Constitution, which guaranteed equality of law.
Sources said the Government after lot of deliberations has decided that it would directly introduce the legislation in the Assembly now instead of sending the file back to Raj Bhavan for issuance of an ordinance as only 20 odd days were left for start of the budget session.
‘‘The Government has preferred the Legislature route as it wanted to stick to the Clause of keeping 18 years as minimum age for detention under the PSA for the local youth of the State. However, there would be no age bar for detention of the youth under the PSA, who didn't belong to J&K and were involved in undesirable activities'', they said.
According to sources, if approved by both Houses of the Legislature, the bill again had to go to the Raj Bhavan for final nod. The Governor can return the legislation once but if it was again passed by the two Houses and sent to him for second time, he had to approve it.
Sources said the Government would explain to the Legislature that police could face some compulsions in detaining the youth even below 18 years of age under PSA if they were involved in militancy.
After the file was returned by the Governor early December, the Law Department after taking legal opinion had approved the file in similar form and sent it to the Home Department.
As the reforms in the PSA have been proposed by the Home Department, held by Chief Minister Omar Abdullah, the Government has now decided that it would be introducing the bill in the Assembly for approval of the House.
The new Public Safety Act (PSA), which has been part of the Government's `reforms', had no difference between citizens in other clauses.
‘‘It was only in this clause that minimum age bar of the youth of J&K for detention under PSA has been kept at 18 while there was no age bar for detention of non state-subjects'', sources said.
Other changes proposed in the PSA by the Government included that a Board constituted by the Government for confirmation of PSA, imposed by the District Magistrates and recommendations of the District SPs, would have to confirm or reject the PSA within six week instead of earlier term of eight weeks.
It proposed that the PSA would be imposed only for three months instead of one year in case of public law and order problem. However, it would be extendable up to a term of one year, if necessitated. However, in case of a threat to national security, the PSA would be imposed for a period of six months only instead of earlier term of two years. It would be extendable up to a period of two years.
Term of the chairpersons and members of the Advisory Board for the PSA would be for a period of three years extendable for two more years.
According to sources, the Government wanted to reform the PSA under which a number of Kashmiri youth, mostly stone pelters, had to be detained during 2010 summer unrest last year as well as last year to curb the incidents of stone pelting and street protests.
Sources said the Government wanted to reform the PSA as it was finding it difficult to get Armed Forces Special Powers Act (AFSPA) withdrawn partially from four districts of the State in view of strong objections raised by the Army and endorsed by the Defence Ministry.
Sources said the Government might have kept a different yardstick for detaining youth even below 18 years of age under PSA anticipating that it might have to be applied on Pakistani militants if they sneaked to this side in the teen-age.
Friday, December 30, 2011
Army Chief opposes AFSPA withdrawal
Warning that partial revocation of AFSPA from Jammu and Kashmir will create terrorist 'sanctuaries', Army Chief General V K Singh has said dilution of the controversial Act will be 'detrimental' to national interest.
The Army Chief said, "Just one summer of peace does not mean normalcy... Diluting of AFSPA in any form will be detrimental to national interest."
He said though the Army has not operated in some parts of Kashmir, if AFSPA is revoked, "Army will not have legal protection to operate even if situation goes bad."
The Army Chief was asked why the force was opposing partial withdrawal of AFSPA from the state.
Noting that the Army would be constrained in operations against terrorists, he said, "Partial revocation of AFSPA will result in emergence of sanctuaries and safe havens for terrorists."
General Singh said though the degree of violence has decreased in the state,terror infrastructure in PoK was still intact.
"The operational flexibility of troops will be severely restricted and efforts to stabilize and consolidate the situation in the state will receive a setback," he said.
Mentioning that there were issues related to safety of Army personnel located in non-AFSPA areas, General Singh said, "One should not view security situation of reduced violence in one summer, but allow consolidation of gains made before taking a call on revocation of AFSPA."
Maintaining that the withdrawal of the Act from Jammu and Kashmir willhamper the security forces' operations against terrorist groups and will bring terror attacks back to the state, Army has been opposing the moves for partial revocation of the controversial Act.
It may be recalled that withdrawal of AFSPA issues has snowballed into a major controversy after its unilateral announcement by the J&K chief minister Omar Abdullah a few months back. The defence ministry has also
been opposing the move on the plea that all the stakeholders on this issue should be taken into confidence before any decision is taken on AFSPA issue.
The union home minister P Chidambaram had supported the move on the plea that there was improvement in the situation and things could move forward on this issue but discussions should be held with all the parties involved in it. He had also supported the move for para-military forces
shouldering the responsibility in the counter-insurgency operations.
The Army Chief said, "Just one summer of peace does not mean normalcy... Diluting of AFSPA in any form will be detrimental to national interest."
He said though the Army has not operated in some parts of Kashmir, if AFSPA is revoked, "Army will not have legal protection to operate even if situation goes bad."
The Army Chief was asked why the force was opposing partial withdrawal of AFSPA from the state.
Noting that the Army would be constrained in operations against terrorists, he said, "Partial revocation of AFSPA will result in emergence of sanctuaries and safe havens for terrorists."
General Singh said though the degree of violence has decreased in the state,terror infrastructure in PoK was still intact.
"The operational flexibility of troops will be severely restricted and efforts to stabilize and consolidate the situation in the state will receive a setback," he said.
Mentioning that there were issues related to safety of Army personnel located in non-AFSPA areas, General Singh said, "One should not view security situation of reduced violence in one summer, but allow consolidation of gains made before taking a call on revocation of AFSPA."
Maintaining that the withdrawal of the Act from Jammu and Kashmir willhamper the security forces' operations against terrorist groups and will bring terror attacks back to the state, Army has been opposing the moves for partial revocation of the controversial Act.
It may be recalled that withdrawal of AFSPA issues has snowballed into a major controversy after its unilateral announcement by the J&K chief minister Omar Abdullah a few months back. The defence ministry has also
been opposing the move on the plea that all the stakeholders on this issue should be taken into confidence before any decision is taken on AFSPA issue.
The union home minister P Chidambaram had supported the move on the plea that there was improvement in the situation and things could move forward on this issue but discussions should be held with all the parties involved in it. He had also supported the move for para-military forces
shouldering the responsibility in the counter-insurgency operations.
Friday, November 11, 2011
Army writes to Omar on Afspa
In an attempt to make Jammu and Kashmir Chief Minister Omar Abdullah see sense and change his mind on the controversial issue of withdrawal of Armed Forces Special Powers Act (AFSPA) from parts of the Kashmir Valley, the army has written a note to the state government presenting the actual data related to terrorism hit areas,” reports a national TV news channel, Headlines Today.
The army note, accessed by Headlines Today, has been written amidst an atmosphere of severe acrimony between the state government and the armed forces. Omar had on Thursday said that there was no option of AFSPA remaining in certain areas of the Kashmir Valley.
However, the army put forward some precise points to persuade the chief minister against his stand on AFSPA.
“The army explicitly told the state government that the nexus between Pakistan army, its spy agency Inter-Services Intelligence (ISI), separatists and terrorists wanted disempowerment of the armed forces to facilitate their agenda,” reports the TV channel The army's internal note also conveys that relative peace in some areas was because of security forces, which includes an "active intelligence grid", and should not be frittered away.
So far unofficial, the army note also puts down shocking figures on paper. It says that 2,500 militants in PAK and Pakistan, 400 in J&K, 20,000 released militants who could be exploited and 42 active militant camps in Pakistan could again disrupt peace in the valley if AFSPA was withdrawn.
The army also told the state government that the idea of secession was still being propagated by groups with vested interest. Significantly, the army has insisted that the AFSPA was not draconian and its note lists out the several checks and balances in place to minimise human rights violations.
Perhaps the most crucial point that Omar government continues to ignore was that partial revocation of AFSPA was not conducive to army operations since the army headquarters, its logistic installations and strategic lines of communication (Leh-Ladakh) pass through such areas, the army has also been in a fix because by saying it was open to discussions the Omar government has put a lid on dialogue over the issue.
The army note, accessed by Headlines Today, has been written amidst an atmosphere of severe acrimony between the state government and the armed forces. Omar had on Thursday said that there was no option of AFSPA remaining in certain areas of the Kashmir Valley.
However, the army put forward some precise points to persuade the chief minister against his stand on AFSPA.
“The army explicitly told the state government that the nexus between Pakistan army, its spy agency Inter-Services Intelligence (ISI), separatists and terrorists wanted disempowerment of the armed forces to facilitate their agenda,” reports the TV channel The army's internal note also conveys that relative peace in some areas was because of security forces, which includes an "active intelligence grid", and should not be frittered away.
So far unofficial, the army note also puts down shocking figures on paper. It says that 2,500 militants in PAK and Pakistan, 400 in J&K, 20,000 released militants who could be exploited and 42 active militant camps in Pakistan could again disrupt peace in the valley if AFSPA was withdrawn.
The army also told the state government that the idea of secession was still being propagated by groups with vested interest. Significantly, the army has insisted that the AFSPA was not draconian and its note lists out the several checks and balances in place to minimise human rights violations.
Perhaps the most crucial point that Omar government continues to ignore was that partial revocation of AFSPA was not conducive to army operations since the army headquarters, its logistic installations and strategic lines of communication (Leh-Ladakh) pass through such areas, the army has also been in a fix because by saying it was open to discussions the Omar government has put a lid on dialogue over the issue.
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