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Amid demand for AFSPA repeal, former Assam DGP calls for its review

Former director general of Assam police Prakash Singh on Tuesday emphasised on review of the Armed Forces (Special Powers) Act 'instead of its immediate repeal', reports ETV Bharat senior correspondent Gautam Debroy.

demand to repeal AFSPA
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Published : Dec 7, 2021, 8:31 PM IST

New Delhi: Amid a growing demand for repeal of controversial Armed Forces (Special Powers) Act (AFSPA) from Northeast following the killing of 14 civilians in Nagaland's Mon district, former director general of Assam police Prakash Singh on Tuesday emphasised on review of the act 'instead of its immediate repeal.'

Speaking to ETV Bharat, Singh said that the firing incident on December 4 and AFSPA are two different issues.

"Certain elements which are not disposed to the government are trying to take advantage of the tragedy where unarmed civilians were killed by security forces in a case of mistaken identity," said Singh.

He said that AFSPA is a separate issue and these two should not be mixed.

"The issue needs to be considered is under which circumstances the security forces went for operation? What was the intelligence? Was the intelligence right or wrong? Was it misleading? If it was misleading who was responsible? Before opening fire what precautions were adopted to ascertain the identity of the people/ If there was no return fire, why did the security forces continue firing?" said Singh.

"After the first exchange of fire, was it necessary for the second round of firing where seven more people died," he further said.

"These are the issues which need to be examined and studied for which responsibility need to be fixed," said Singh.

He hoped that the court of inquiry setup by the Indian Army as well as SIT setup by the State government will bring the truth out.

When asked whether AFSPA should be repealed or not, Singh said, "this is an ongoing discussion, whether security forces need some cover in insurgency hit-States or not. You should not mix Nagaland incident and AFSPA."

"It should be reviewed if the Act needs to be repealed or continued," Singh, who also served as former director general of BSF, said.

Read: After Army's botched op, Nagas rally around AFSPA

AFSPA was initially implemented in the insurgency hit Northeastern States in 1958 to bring the law and order under control. It was also applied in Punjab and Chandigarh from 1983-1997 and Jammu and Kashmir from 1990 onwards.

The law empowers security forces to use special power even to the extent of firing and arrest anyone without a warrant.

AFSPA is in force in Assam, Nagaland, Manipur (excluding Imphal Municipal area) and Arunahcal Pradesh's Tirap, Changlang and Longding district and areas falling within eight police stations along the Assam-Arunachal Pradesh border.

In June this year, AFSPA has been extended in entire Nagaland by a period of six months after declaring entire State as "disturbed area."

At a time when opposition parties have demanded repeal of AFSPS from Northeast, the North East Student Organisation (NESO) has also decided to stage protest in all capitals of Northeast states to support their demand to repeal AFSPA.

NESO is an umbrella organisation of several student bodies of Northeast.

"The government should consider repeal of AFSPA immediately. If government is concerned of the well being of the northeastern people, AFSPS must be repealed. We will continue our protest for the removal of the draconian law," said NESO adviser Samujjal Bhattacharya.

Echoing the view, sitting MP in the Rajya Sabah from Assam, Ajit Kumar Bhuyan also demanded that AFSPA should be repealed.

"The incident that took place in Nagaland has once again exposed the way security forces treat the people of Northeast under a draconian law. This law should have been repealed earlier," Bhuyan told ETV Bharat.

He said that under this law, security forces can arrest or kill anybody "only on mere suspicion."

It may be mentioned here that in 2005, a committee headed by former Supreme Court judge BP Jeevan Reddy, was tasked by the then UPA government to suggest amendment to AFSPA.

The committee recommended that the law be repealed and that the Unlawful Activities (Prevention) Act be amended in a manner that would enable insurgency and conflict to be tackled legally.

"In 2005, the Jeevan Reddy committee also suggested to repeal AFSPA but nothing happened," said Bhuyan.

New Delhi: Amid a growing demand for repeal of controversial Armed Forces (Special Powers) Act (AFSPA) from Northeast following the killing of 14 civilians in Nagaland's Mon district, former director general of Assam police Prakash Singh on Tuesday emphasised on review of the act 'instead of its immediate repeal.'

Speaking to ETV Bharat, Singh said that the firing incident on December 4 and AFSPA are two different issues.

"Certain elements which are not disposed to the government are trying to take advantage of the tragedy where unarmed civilians were killed by security forces in a case of mistaken identity," said Singh.

He said that AFSPA is a separate issue and these two should not be mixed.

"The issue needs to be considered is under which circumstances the security forces went for operation? What was the intelligence? Was the intelligence right or wrong? Was it misleading? If it was misleading who was responsible? Before opening fire what precautions were adopted to ascertain the identity of the people/ If there was no return fire, why did the security forces continue firing?" said Singh.

"After the first exchange of fire, was it necessary for the second round of firing where seven more people died," he further said.

"These are the issues which need to be examined and studied for which responsibility need to be fixed," said Singh.

He hoped that the court of inquiry setup by the Indian Army as well as SIT setup by the State government will bring the truth out.

When asked whether AFSPA should be repealed or not, Singh said, "this is an ongoing discussion, whether security forces need some cover in insurgency hit-States or not. You should not mix Nagaland incident and AFSPA."

"It should be reviewed if the Act needs to be repealed or continued," Singh, who also served as former director general of BSF, said.

Read: After Army's botched op, Nagas rally around AFSPA

AFSPA was initially implemented in the insurgency hit Northeastern States in 1958 to bring the law and order under control. It was also applied in Punjab and Chandigarh from 1983-1997 and Jammu and Kashmir from 1990 onwards.

The law empowers security forces to use special power even to the extent of firing and arrest anyone without a warrant.

AFSPA is in force in Assam, Nagaland, Manipur (excluding Imphal Municipal area) and Arunahcal Pradesh's Tirap, Changlang and Longding district and areas falling within eight police stations along the Assam-Arunachal Pradesh border.

In June this year, AFSPA has been extended in entire Nagaland by a period of six months after declaring entire State as "disturbed area."

At a time when opposition parties have demanded repeal of AFSPS from Northeast, the North East Student Organisation (NESO) has also decided to stage protest in all capitals of Northeast states to support their demand to repeal AFSPA.

NESO is an umbrella organisation of several student bodies of Northeast.

"The government should consider repeal of AFSPA immediately. If government is concerned of the well being of the northeastern people, AFSPS must be repealed. We will continue our protest for the removal of the draconian law," said NESO adviser Samujjal Bhattacharya.

Echoing the view, sitting MP in the Rajya Sabah from Assam, Ajit Kumar Bhuyan also demanded that AFSPA should be repealed.

"The incident that took place in Nagaland has once again exposed the way security forces treat the people of Northeast under a draconian law. This law should have been repealed earlier," Bhuyan told ETV Bharat.

He said that under this law, security forces can arrest or kill anybody "only on mere suspicion."

It may be mentioned here that in 2005, a committee headed by former Supreme Court judge BP Jeevan Reddy, was tasked by the then UPA government to suggest amendment to AFSPA.

The committee recommended that the law be repealed and that the Unlawful Activities (Prevention) Act be amended in a manner that would enable insurgency and conflict to be tackled legally.

"In 2005, the Jeevan Reddy committee also suggested to repeal AFSPA but nothing happened," said Bhuyan.

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