M A I N   N E W S

Chidambaram clears the air on relaxing AFSPA in J&K
Says proposed CrPC changes not linked to Act lifting
Ajay Banerjee/TNS

New Delhi, November 30
Union Home Minister P Chidambaram today sought to put a lid on the raging public debate on the Jammu and Kashmir Chief Minister’s authority to lift the Armed Forces Special Powers Act (AFSPA) from some parts of the state.

In response to a question at his meeting with the media today, he said, “The position in law is that the decision to notify (disturbed areas under AFSPA) and the decision to denotify is to be taken by the Governor on the advice of the state government.” He was responding to a query as to who is actually the authority to revoke the Act.

The Home Minister’s response appears to put the onus back on J&K Chief Minister Omar Abdullah. The opinion of the Attorney-General GE Vahanvati, given barely 10 days ago, was reportedly different. The AG had opined that the Governor alone had the power to denotify areas classified as Disturbed Areas under AFSPA. The AG was asked after the Law Ministry gave its opinion.

The Home Minister’s opinion is in line with the Chief Minister and Union Law Ministry’s earlier opinion that the Governor alone cannot take any decision, which should only be taken by him only after consulting the elected Chief Minister.

The AG had cited a Supreme Court judgment in support of his contention that the Governor had the statutory authority to denotify disturbed areas under AFSPA. The AG’s opinion was sought after different interpretations of AFSPA emerged in an argument before the Supreme Court. Section 3 of the Armed Forces Special Powers Act lays down that the Governor or the Central Government had the powers to decide and notify which areas of the state were disturbed. There is no mention of the Chief Minister.

Chidambaram said removal of certain areas from the disturbed list is his (Omar’s) effort. “That, as I said earlier, is in accordance to the Cabinet Committee on Security decision, which requested him to review the matter in the Unified Command," he added.

The Home Minister also sought to clear the air on the ongoing debate on having uniform application of the Criminal Procedure Code (CrPC) in the country and inclusion of a particular section of the CrPC into the Ranbir Penal Code (RPC) in J&K.

The Home Minister, in response to a query if bringing in some of the provisions of Criminal Procedure Code missing in the Ranbir Penal Code (RPC) was aimed at placating the armed forces, replied that the two issues were not inter-linked.

“As far as the CrPC provisions and the RPC provisions are concerned, there are some differences. For example, Section 197 of the CrPC is not reflected in the RPC. So, the Chief Minister has mooted that idea, irrespective of denotifying areas under AFSPA”. The CrPC is not applicable to Jammu and Kashmir.

The inclusion of Section 197 of the CrPC in the RPC will give added assurance to paramilitary forces as well as anyone else who might apprehend that false cases may be filed, Chidambaram said, adding “so that is a separate exercise which he (Omar) is undertaking in his cabinet and in the assembly".