Scrap Armed Forces Act: Moily panel

In recommendations that could generate controversy, the second Administrative Reforms Commission has proposed sweeping

In recommendations that could generate controversy, the second Administrative Reforms Commission ARC has proposed sweeping powers to the Centre for deployment of forces in case of a breakdown of public order in states but called for a repeal of the Armed Forces Special Powers Act, 1958.

The commission headed by K Veerappa Moily, which submitted its fifth report on public order to Prime Minister Manmohan Singh on Monday, has suggested an amendment to the Unlawful Activities Prevention Act, 1967, to enable deployment of security forces in the Northeast. This would be an 8220;enabling legislation8221; by inserting a new chapter in the Unlawful Activities Prevention Act once the AFSPA was repealed.

Repealing the controversial Act has been a contentious issue and there have been demands for its review in the past. The Centre has already agreed to review the AFSPA8217;s implementation in Jammu and Kashmir following a persistent demand from the People8217;s Democratic Party. The Army has opposed the demands, saying modifications could be considered in certain areas, but not a total repeal. Special protection is needed under the law for troops to operate in states facing unusual situations, senior officers maintained.

In another proposal that is likely to draw protests from the states, the commission has called for a law that empowers the Centre to deploy forces, even issue specific directions to these forces, in case of 8220;major public order problems8221; which could lead to the breakdown of Constitutional machinery in a state.

State Governments have opposed similar proposals in the past. But the commission maintained that the new law should be used only if a state failed to act on a 8220;direction8221; issued by the Centre under existing provisions of the Constitution. Such deployment should, however, not exceed three months. This can be extended for another three months if the Parliament authorises it.

8220;The law can be worked out by consultation with the states,8221; Moily said, saying the recommendation only sought to 8220;amplify8221; existing Constitutional provisions.

The commission, which has drawn from earlier reports on police reforms and law and order, also called for a new law for offences that could broadly be clubbed under the category of 8220;federal crimes8221;. These could include organised crime, terrorism, trafficking in arms and human beings, sedition, assassinations of major public figures and serious economic offences. It has also suggested a new law replacing the Delhi Special Police Establishments Act to govern the working of the CBI. The new law would outline its jurisdiction and also enable it to investigate federal crimes.

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Other key recommendations include separating investigation from other police functions by setting up a Crime Investigation Agency under a board headed by a retired or sitting High Court Judge in each state; independent state, district and city level Police Complaint Authorities to look into cases of 8220;misconduct by the police8221; and making confessions made before the police admissible in court by amending the Indian Evidence Act.

For public order

8226; Fix a three-year tenure for the chief of law and order police and the chief of Crime Investigation Agency

8226; An independent Inspectorate of Police for performance audit of police stations and police officers

8226; System of District Attorneys to supervise prosecution as well as investigation of crimes in a district

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8226; Increase representation of women and under-represented sections of the society in the police 8220;through affirmative action8221;

8226; Create Metropolitan Police Authorities in large cities

8226; Upgrade forensic facilities, provide a forensic laboratory for a district or group of districts with a population of over 30 lakh

8226; Make organisations and individuals guilty of instigating violence liable to pay damages

8226; Define 8220;obstruction of justice8221; as an offence