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This is an archive article published on November 3, 2004

Central panel to review AFSPA

The Centre today decided to set up an expert committee to review the Armed Forces Special Powers Act (AFSPA) and look into the ‘‘l...

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The Centre today decided to set up an expert committee to review the Armed Forces Special Powers Act (AFSPA) and look into the ‘‘legal, constitutional and moral issues’’ related to it.

Even as the words, ‘review, replace and repeal’, were being debated upon in context of the Act, Home Minister Shivraj Patil said the committee, tentatively comprising MPs, jurists and others, will go into all these. The decision to set up the committee was taken during the meeting of Apunba Lup with Patil today.

‘‘PM Manmohan Singh yesterday assured them the Act will be reviewed,’’ Patil said. However, sources said repealing the Act was not going to be easy as it would affect other Northeastern states. ‘‘The committee will have to go into all these issues. They will probably have to settle for some amendments,’’ a senior official said.

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There were only a few clauses in the Act which needed minor changes to make it less ‘‘draconian’’ as the Apunba Lup termed it. Sources said Section 4(a) and 4(b) needed to be toned down. Under Section 4(a), after giving a warning, a security personnel can ‘‘fire upon or otherwise use force, even causing death, against any person who is acting in contravention of any law or order…’’

Under 4(b), security personnel can destroy any shelter from which armed attacks are made or are likely to be made.

A. Lokendra, leading the Apunba Lup delegation, said they wanted repeal of the Act but were willing to keep an open mind.

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