Republic of India - THE ARMED FORCES (SPECIAL POWERS) ACT (AFSPA), 1958

[Hindustani78]

http://nagapol.gov.in/PDF/The Armed Forces Special Powers Act 1958.pdf
INTRODUCTION

Violence became the way of life in north-eastern States of India. State administration became incapable to maintain its internal disturbance. Armed Forces (Assam and Manipur) Special Powers Ordinance was promulgated by the President on 22nd May of 1958. In which some special powers have been given to the members of the armed forces in disturbed areas in the State of Assam and Union Territory of Manipur. Later the Ordinance was replaced by the armed Forces Special Powers Bill.

STATEMENT OF OBJECTS AND REASONS

An ordinance entitled the Armed forces (Assam and Manipur) Special Powers Ordinance, 1958, was promulgated by the President on the 22nd May,1958. Section 3 of the Ordinance powers the Governor of Assam and the Chief Commissioner of Manipur to declare the whole or any part of Assam or the Union territory of Manipur, as the case may be, to be a disturbed area.

On such a declaration being made in the Official Gazette, any Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces may exercise, in the disturbed area, the powers conferred by section 4 and 5 of the Ordinance. The Bill seeks toreplace the Ordinance –See Gazette of India, 11-8-1958, Pt. II-Sec. 2, Ext.p.714 (No.26).

ACT 28 OF 1958
The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it received the assent of the President on 11th September,1958. It came on the Statute Book as THE ARMED FORCES (SPECIAL POWERS)ACT, 1958 (28 of 1958)

LIST OF AMENDING ACTS
1. The State of Mizoram Act, 1986 (34 of 1986).
2. The State of Arunachal Pradesh Act, 1986 (69 of 1986).
3. The Armed Forces (Assam and Manipur) Special Powers (Amendment)Act, 1972 (7 of 1972).
4. The Armed Forces Special Powers(Extension to Union Territory of Tripura) Act, 1970.
5. The Repealing and Amending Act, 1960 (58 of 1960).

THE ARMED FORCES (SPECIAL POWERS) ACT, 1958(28 of 1958)

[11th September, 1958]

An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of *[Arunachal Pradesh,Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].

Be it enacted by Parliament in Ninth Year of the republic of India as follows:-

1.Short title and extent –(1) This act may be called **[The armed Forces(Special Powers) Act, 1958].

***[(2)] It extends to the whole of the State of ****[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland andTripura].

2. Definitions
: In this Act, unless the context otherwise requires-

(a) “armed forces’ means the military forces and the air forces operating as land forces, and includes other armed forces of the Union so operating;

(b) ‘disturbed area’ means an area which is for the time being declared by notification under section 3 to be a disturbed area’;

(c) all other words and expressions used herein, but not defined and defined in the Air Force Act, 1950 (45 of 1950), or the army Act, 1950(46 of 1950) shall have the meanings
respectively to them in those Acts.

3.Powers to declare areas to be disturbed areas –If, in relation to any state or Union Territory to which this act extends, the Governor of that State or the administrator of that Union Territory or the Central Government, in either case, if of the opinion that the whole or any part of such State of Union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of
that State or the Administrator of that Union Territory or the Central Government, as the case may be , may by notification in the Official Gazette,declare the whole or such part of such State or Union territory to be a disturbed area].


*Subs. By Act 69 of 1986,sec.43 for “Assam, Manipur, Megahalya, Mizoram,Nagaland and Tripura and the Union territory of Arunachal Pradesh” (w.e.f.20.2.1987.)

**Subs by Act 7 of 1973, sec. 3 for ‘the armed forces (Assam and Manipur)special Powers Act, 1958” (w.e.f 5.4.1972).

***Subs by Act 7 of 1972, sec. 4 (w.e.f 5.4.1972).

*****Subs by Act.69 of 1986,sec. 43 for ‘Assam, Manipur, Meghalaya, Mizoram,Nagaland and Tripura and the Union Territory of Arunachal Pradesh’(w.e.f20.2.1987)

Sec 5]
The Armed Forces (Special Powers) Act, 1958.

COMMENTS

(i)The Governor is empowered to declare any area of the State as“disturbed area’. It could not be arbitrary on ground of absence of legislative guidelines;Inderjit Barua v.State of Assam,
AIR 1983 Del. 514.

(ii)Section 3 cannot be construed as conferring a power to issue a declaration without any time limit. There should be periodic review of the declaration before the expiry of six months;
Naga People’s Movement of Human Rights v. Union of India,AIR 1998 SC 431.


4.Special Powers of the armed forces –Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,-

(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force,
even to the causing of death, against any person who is acting in contravention of any law or
order for the time being in force in the disturbed area prohibiting the assembly of five or
move persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances;

(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or
fortified position or shelter from which armed attacks are made or are likely to be made or are
attempted to be made, or any structure used as a training camp for armed volunteers or util
ized as a hide-out by armed gangs or absconders wanted for any offence;

(c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest;

(d) enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property
reasonably suspected to be stolen property or any arms,ammunition or explosive
substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.

COMMENTS
(i)Conferment of power on non-commissioned officers like a Havaldar cannot be said to be bad and unjustified :Inderjit Barua v .State ofAssam,AIR, 1983 Del 514.

(ii) The armed forces must act in cooperation with the district administration and not as an Independent body. Armed Forces could work in harmony when they deployed in disturbed area:Luithukiav.Rishang Keishing,(1988) 2 Gau LR 159.

5.Arrested persons to be made over to the police –Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.

In case of arrest of any person, army authority is duty bound to handover to the officer-in-charge of the nearest police station with least possible delay:Horendi Gogoi v. Union of India,
(1991) Gau CR 3081.

6. Protection to persons acting under Act – No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.

7. Repeal and Saving- [Repealed by Amending and Repealing Act, 1960 (58 of1960),First Schedule, sec.2(26.12.1960].

 

[Hindustani78]

http://www.deccanherald.com/content/656391/time-has-not-come-any.html

Time has not come for any rethink on AFSPA or making some of its provisions milder, Army Chief General Bipin Rawat has said, asserting that the army has been taking adequate precautions in protecting human rights while operating in disturbed areas like Jammu and Kashmir.

Rawat's remarks assume significance as they come against the backdrop of reports that several rounds of high-level discussions have taken place between the defence and home ministries on the "need to remove or dilute at least some provisions" of the Armed Forces Special Powers Act (AFSPA).

The act gives the security forces special rights and immunity in carrying out various operations in disturbed areas.

There has been a long-standing demand from various quarters in J&K and the Northeast to withdraw it.

"I do not think time has come to even rethink on AFSPA at the moment," said Gen Rawat when asked about reports that government was re-examining the demand for a milder version of AFSPA in these states.

The army chief said though AFSPA has certain strong provisions, the army is concerned about collateral damages and ensuring that its operations under the law do not inconvenience the local people.

"We have never been strong in applying the force the way it could be applied (under AFSPA). We are very concerned about human rights. We are absolutely concerned about collateral damage. So do not get too much concerned because we are taking adequate measures and precautions," he said.

Gen Rawat said the army has rules of engagements for various operations at every level to ensure that no inconvenience is caused to the people while it is operating under AFSPA.

"The AFSPA is an enabling provision which allows the army, in particular, to operate in such difficult areas and let me assure you that the Army has got quite a good human rights record," he said.

Asked whether time has come to adopt a combined approach involving all three services to deal with Pakistan-sponsored terrorism in J&K, the army chief did not give a direct reply but added that the armed forces have "options available" to conduct various kinds of operations.

"Yes, we have options available to conduct various kind of operations but these cannot be divulged because of the nature of the operations we have to conduct will only alert the other side," he said.

To a question on whether there was room for synergy among external and internal intelligence gathering to effectively contain cross-border terrorism in Jammu and Kashmir, he said the armed forces and all other agencies have been operating in unison.

"At this juncture, the kind of cooperation we are having among the intelligence agencies is of a very high order. Today all the intelligence agencies and the security forces are operating in unison. There is an excellent synergy among all of us and I do not think we can take it to the next higher level from what is happening at the moment. I think this is the best way and right way," the army chief said.

 

[Hindustani78]

http://www.tribuneindia.com/news/ja...n-valley-insists-chinar-corps-goc/536117.html

Tribune News Service
Srinagar, January 30

Amid renewed debate on the revocation of the controversial Armed Forces Special Powers Act (AFSPA), Army’s top man in Kashmir has said the law is not only “required” in the region but, in essence, also stops the armed forces from committing any human rights violations.

“Yes, AFSPA is required,” said the outgoing General Officer Commanding of the Srinagar-based sensitive and strategic 15 Corps Lt Gen JS Sandhu in an interview with The Tribune. Lt Gen Sandhu will be replaced by Lt Gen Anil Kumar Bhatt, who has already arrived in Srinagar and will assume office in the next few days.

Lt Gen Sandhu said a lot of people were portraying AFSPA as a “draconian law, which it is not.” “It (AFSPA) does not allow the Army to do human rights violations. AFSPA does not allow us to do murder or rape or unnecessarily exceed our brief even when we are engaged in law and order situations. AFSPA does not permit us to fire indiscriminately. The Indian Parliament, which has tremendous wisdom, passed the law with a lot of thought and insight and they did not give large powers to the Army in this Act,” Lt Gen Sandhu said.

The demands to revoke the AFSPA continues to grow in the Valley as under this Act the armed forces cannot be prosecuted without the approval of the Centre.

Lt Gen Sandhu, who took over as 15 Corps GOC in 2016, months after the killing of militant commander Burhan Wani, said there were immense challenges after he took over.

“Besides the civil unrest and law and order situation in the Valley, I also had to focus on the LoC (Line of Control) situation. The Uri attack had taken place a month earlier and we responded with surgical strikes. The LoC was volatile and the grid needed to be strengthened,” he said.

Lt Gen Sandhu said the killing of over 200 militants last year, including top commanders, had brought a change on the ground situation. “The killing of terrorists contributes to the restoration of normalcy. Their ability to influence people and control communities is weakened. The possibility of violent attacks by them is also curbed. The agitations have also weakened. You have witnessed the consequent improvement in the situation,” he said.

On the high number of locals joining militant ranks despite Operation All Out, the Corps Commander said various factors were responsible. “There is an existing support base, it provides the cadres to the ‘tanzeems’ (outfits) to fill their losses. But Operation All Out must be judged based on the overall effect. 2016 was a violent year, a large number of civilians died in the unrest after July 8, many were blinded, people faced the brunt of the violence. In 2017, the terrorists faced the heat, they were the target, people largely remained safe. In 2018, I hope the local terrorists surrender, and we continue to eliminate the Pakistani terrorists. And if the youth desist from violence, I am sure the awaam will remain safe,” he said.

The Corps Commander said to wean youth away from militancy required a comprehensive approach. “Amnesty to first-time stone throwers has given a positive signal. It does help in shaping perceptions,” he said.

He termed the social media as a threat and a tool for radicalising youth. “Social media is a threat because it often shows a false story. The reach of social media is growing and its ability to influence people is greater,” he said.

 

[Hindustani78]

Ministry of Home Affairs
20-March, 2018 15:59 IST
Amendment in AFSPA

There is no proposal to amend the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.

There is no proposal under consideration of Government of India to withdraw the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 from Jammu and Kashmir.

However, a proposal is under consideration to make Armed Forces (Special Powers) Act, 1958 more operationally effective and humane.

This was stated by the Minister of State for Home Affairs, Shri Hansraj Gangaram Ahir in a written replies to questions in the Lok Sabha today.


****

 

[Hindustani78]

http://www.thehindu.com/news/national/centre-wants-a-humane-afspa/article23305574.ece?homepage=true
New Delhi, March 20, 2018 22:32 IST
Updated: March 20, 2018 22:32 IST

Minister, however, says there is no plan to withdraw the Act in Kashmir

In a first admission that Centre was keen to water down the Armed Forces (Special Powers) Act (AFSPA), 1958, Union Minister of State for Home Hansraj Gangaram Ahir informed the Lok Sabha that it was considering a proposal to make the Act more “operationally effective and humane.”

The AFSPA is in force in several northeastern States.

In a written reply in the Lok Sabha, Mr. Ahir said: “There is no proposal under consideration of the Government of India to withdraw the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990. However, a proposal is under consideration to make the Armed Forces (Special Powers) Act, 1958 more operationally effective and humane.”

The decision came after the Home Ministry decided to reduce the number of Central Armed Police Force personnel deployed in the northeastern States.

Army opposed move

The Army had opposed any such move and several rounds of meetings had taken place with the Home Ministry. Home Minister Rajnath Singh had suggested that certain “tweaking” was required as far as deployment of Central forces was concerned. An official said the insurgency-related incidents in Northeast had come down to 308 in 2017, the lowest since 1997.

Another official said there was no final decision to repeal the AFSPA as of now, but the Jeevan Reddy Committee report, which recommended so, was taken into account. The Centre appointed a five-member committee headed by Justice B.P. Jeevan Reddy in November 2004 to review the AFSPA.

The committee recommended that the Unlawful Activities (Prevention) Act, 1967, should be modified to specify the powers of the armed forces and the Central forces.The Home Ministry was of the view that additional Central forces would be sent to the northeastern States and the respective State governments would deploy the State police for regular law and order and patrolling duties.

 

[Hindustani78]

https://economictimes.indiatimes.co...-of-arunchal-pradesh/articleshow/63580024.cms

New Delhi: The Centre today extended the Armed Forces (Special Powers) Act in three districts of Arunachal Pradesh and eight police station areas bordering Assam by another six months.

According to a notification issued by the Ministry of Home Affairs, Tirap, Changlang and Longding districts of Arunachal Pradesh and eight police stations bordering Assam were declared "disturbed" areas under the AFSPA, 1958.

The Act gives special rights and immunity to security forces in carrying out various operations in "disturbed" areas. It gives security personnel the power to search premises and arrest without warrant, to use force even to the extent of causing death.

"And whereas a further review of the law and order situation in Tirap, Changlang and Longding districts of Arunachal Pradesh and in the area falling within the jurisdiction of eleven police stations in districts of Arunachal Pradesh,
bordering the state of Assam, has been undertaken.

"Now, therefore, Tirap, Changlang and Longding districts in Arunachal Pradesh and the areas falling within the jurisdiction of the following eight police stations in the districts of Arunachal Pradesh, bordering the state of Assam, are declared as disturbed area' under Section 3 of the Armed Forces (Special Powers) Act, 1958 up to September 30, 2018 w.e.f. April 1, 2018, unless withdrawn earlier," the notification said.

The eight police stations are -- Balemu and Bhalukpong police stations in West Kameng district, Seijosa police station in East Kameng district, Balijan police station in Papumpare district, Namsai and Mahadevpur police stations in Namsai district, Roing police station in Lower Dibang Valley district and Sunpura police station in Lohit district.

A home ministry official said the AFSPA, which has been in force in some parts of Arunachal Pradesh for last three decades, was extended for six more months in the districts and police station areas due to various violent activities by insurgent groups NSCN, ULFA, NDFB, and others.

 

[Hindustani78]

http://www.thehindu.com/news/nation...halaya-parts-of-arunachal/article23647009.ece

The decision comes after Home Ministry decided to reduce the number of central armed police force personnel deployed in the north-eastern States.
The Centre has revoked The Armed Forces (Special Powers) Act (AFSPA) since April 1, a senior Home Ministry official told The Hindu on Monday. Earlier the AFSPA was effective in 20 km area along the Assam-Meghalaya border.

In Arunachal Pradesh, the impact of AFSPA was reduced to eight police stations instead of 16 police stations and in Tirap, Longding and Changlang districts bordering Assam.

The Ministry has also relaxed the Protected Area Permit (PAP) for foreigners visiting Manipur, Mizoram and Nagaland. The PAP will be valid for five years, but residents from Pakistan, Bhutan, Myanmar and China will not be allowed to visit these areas.

The Armed Forces (Special Powers) Act, 1958 is effective in whole of Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh. As per Section 3 of the AFSPA, it can be invoked in places “where the use of armed forces in aid of the civil power is necessary.”

The AFSPA gives power to army and central forces deployed in “disturbed areas” to kill anyone acting in contravention of law, arrest and search any premises without a warrant and provide cover to forces from prosecution and legal suits without Centre’s sanction.

The Centre was periodically issues such notifications for Assam, Nagaland, Arunachal Pradesh, Meghalaya.

Tripura withdrew AFSPA in 2015. Last year, the Home Ministry gave up its power and asked the Assam government to take a decision on continuing AFSPA in the State.

On March 20, Hansraj Gangaram Ahir, MoS Home, informed the Lok Sabha that Centre was considering a proposal to make AFSPA more “operationally effective and humane.”

Mr. Ahir said there was no proposal to amend the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in force in Jammu and Kashmir. “There is no proposal under consideration of Government of India to withdraw the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 from Jammu and Kashmir. However, a proposal is under consideration to make Armed Forces (Special Powers) Act, 1958 more operationally effective and humane,” he said in a written reply in Lok Sabha.

'No final decision on AFSPA yet'
The decision comes after Home Ministry decided to reduce the number of central armed police force personnel deployed in the north-eastern States. The Army has opposed any such move and several rounds of meetings have taken place with Home Ministry.

Another official said there was no final decision to repeal AFSPA as of now but the Jeevan Reddy Committee report that recommended so was taken into account. The Central Government appointed a five-member committee headed by Justice B.P. Jeevan Reddy in November 2004 to review AFSPA, 1958.

The committee submitted its report in 2005 that besides repealing the Act recommended that the Unlawful Activities (Prevention) Act, 1967 should be modified to clearly specify the powers of the armed forces and central forces.

*******

The Centre has announced that it may revoked the Armed Forces (Special Powers) Act (AFSPA) from April 1. Here is what you need to know about the Act that has seen a lot of controversy surrounding it.

What does the AFSPA mean?
In simple terms, AFSPA gives armed forces the power to maintain public order in “disturbed areas”. They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law. If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search a premises without a warrant; and ban the possession of firearms.

Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest.

What is a “disturbed area” and who has the power to declare it?
A disturbed area is one which is declared by notification under Section 3 of the AFSPA. An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities. The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area. A suitable notification would have to be made in the Official Gazette. As per Section 3 , it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

The Ministry of Home Affairs would usually enforce this Act where necessary, but there have been exceptions where the Centre decided to forego its power and leave the decision to the State governments.

What’s the origin of AFSPA?
The Act came into force in the context of increasing violence in the Northeastern States decades ago, which the State governments found difficult to control. The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. It became known as the Armed Forces Special Powers Act, 1958.

Which States are, or had come under this Act?
It is effective in the whole of Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh. The Centre revoked it in Meghalaya on April 1, 2018. Earlier, the AFSPA was effective in a 20 km area along the Assam-Meghalaya border. In Arunachal Pradesh, the impact of AFSPA was reduced to eight police stations instead of 16 police stations and in Tirap, Longding and Changlang districts bordering Assam.

Tripura withdrew the AFSPA in 2015. Jammu and Kashmir too has a similar Act.

How has this Act been received by the people?
It has been a controversial one, with human rights groups opposing it as being aggressive. Manipur’s Irom Sharmila has been one if its staunchest opponents, going on a hunger strike in November 2000 and continuing her vigil till August 2016. Her trigger was an incident in the town of Malom in Manipur, where ten people were killed waiting at a bus stop.

 

[Hindustani78]

AFSPA empowers central forces deployed in “disturbed areas” to kill anyone acting in contravention of the law. | Photo Credit: PTI

https://www.thehindu.com/news/natio...o-shrink-area-under-afspa/article24698220.ece
New Delhi , August 15, 2018 21:54 IST
Updated: August 15, 2018 22:01 IST

Parliamentary panel says the Centre wanted to reduce the coverage of the Act as the security situation had improved

According to a parliamentary standing committee report tabled in Parliament last month, the Centre wanted to reduce the areas under the Armed Forces Special Power Act (AFSPA) in Assam but the State government did not concur.

Over the past two years, the Union Home Ministry has proposed reducing the areas under AFSPA in the northeast, only to face stiff resistance from the Army and the Defence Ministry.

On Tuesday, over 300 Army officers moved the Supreme Court challenging registration of FIRs against them for operations in areas where AFSPA is in force.

The parliamentary committee headed by former Union finance minister and senior Congress leader P. Chidambaram in its report tabled on July 19 said with improvement in security situation in most northeast States, “the Government should consider gradually reducing the area under AFSPA, especially in the States of Assam and Meghalaya.”

As per Section 3 of the AFSPA, it can be invoked in places “where the use of armed forces in aid of the civil power is necessary.”

AFSPA empowers Army and Central forces personnel deployed in “disturbed areas” to kill anyone acting in contravention of the law, arrest and search any premises without a warrant and provide cover to forces from prosecution and legal suits without the Centre’s sanction.

Difference of opinion

The parliamentary panel report said there was some difference of opinion between the Government of India and the State government with regard to the areas to be declared as “disturbed areas.”

“The Committee is unable to comprehend the divergent perceptions of the situation in Assam. On the one hand, the Ministry has asserted that there has been an improvement in the security situation in Assam and on the other hand, the area declared as disturbed area under the AFSPA has been increased on the plea that it is not the appropriate time to reduce the area... . This is a paradoxical situation that needs to be resolved,” the report said.

The committee also noted that the State Government has notified the whole State as disturbed on the plea that it was not the right time to reduce the area under AFSPA.

 

[Hindustani78]

https://www.tribuneindia.com/news/nation/army-chief-questions-officers-moving-court/646985.html

Posted at: Sep 3, 2018, 2:01 AM; last updated: Sep 3, 2018, 1:24 PM (IST)


In an unprecedented move, nearly 700 Army officers and soldiers have approached the Supreme Court against dilution of the Armed Forces Special Powers Act (AFSPA) that shielded them from prosecution without the Centre’s nod. General Rawat spoke about restructuring the Army, cost-cutting, rank-parity with civilian officers, anomalies in salary, opening of Cantonment roads and also the non-functional upgrade (NFU), sources said.

Addressing moral turpitude, General Rawat said the person would no longer just be “boarded out”. He would get exemplary punishment like jail and dismissal, irrespective of rank, he asserted.

He said there would be no AWWA units in field areas and wanted the activities to be coordinated keeping in mind that several of the wives of officers were working professionals.

On rank parity and equivalence with civilian officers, he said armed forces officers were different, unique and formed an “elite” service, even above the all-India services and asked that officers should not compare themselves with civilian officers. His remarks triggered a tirade on the social media on Sunday with questions being raised as to how terming the forces as “elite” meant nothing as a democratic structure ran by rules and regulations.

 

[Super Falcon]

terorist group of india i would say

 

[Kedardel]

Frontier Crimes Regulation (FCR) in Pakistan is more stringent I think. Ours only give protection to forces Pakistan's laws seems Goliath infront of AFSPA.

 

[kingQamaR]

Frontier Crimes Regulation (FCR) in Pakistan is more stringent I think. Ours only give protection to forces Pakistan's laws seems Goliath infront of AFSPA.

Don’t act like a dickhead here okay, In your lies comparing Your criminal powers act (AFSPA) openly practiced in kashmir. With Pakistan.

Your (AFSPA) criminal act has left a trail of absolute destruction in thousands killed missing and injured. Thousands of woman and girls gang raped in your Kashmir. A Complete Immunity given to your filthy soldiers. You think our Pakistani brothers and sisters the (Pashtuns) would have tolerated like you do in Kashmir and kept quite or the Pakistani masses

Own up to your own filthy practices and don’t include others.

 

[El Sidd]

Precursor to mass unrest or a possible false flag before the elections.

Time for the tin foil hats

 

[Hindustani78]

https://www.thehindu.com/news/natio...l-moving-sc/article24857779.ece?homepage=true


NEW DELHI, September 03, 2018 22:36 IST
Updated: September 03, 2018 22:36 IST

Gen. Bipin Singh Rawat | Photo Credit: PTI

Over 700 Army personnel had recently moved the court seeking protection in counter-insurgency areas under the AFSPA and its non-dilution
The Chief of the Army Staff, General Bipin Rawat, has disapproved of the manner in which several hundred Army personnel approached the Court for protection against prosecution in counter-insurgency areas.

“He does not approve of the manner in which serving personnel approached the court on the issue in an individual capacity. The Army has been following up the issue of the Armed Forces Special Powers Act (AFSPA),” an official source said on Monday.

Wrong precedent’

Gen. Rawat made the comments last week while addressing colonels posted in the Army headquarters.

Over 700 Army personnel had recently moved the court seeking protection in counter-insurgency areas under the AFSPA and its non-dilution.

This was after the recent moves by the Home Ministry to reduce the footprint of the AFSPA in the northeast which gives immunity to security forces operating in insurgency-hit areas.

Another official said Gen. Rawat was “annoyed” by the whole thing as it would complicate the Army’s own efforts on the issue. “Serving personnel going out of the way sets a wrong precedent. There is a system for it, and the Army has always been with the soldiers on it,” the official said.

Gen. Rawat discussed issues such as rations, non-functional upgrade, restructuring of the force, corruption and moral turpitude, several of which had come to light recently.

 

[Hindustani78]

Army officers duty-bound to serve wherever they are posted: Supreme Court

Three petitioners had challenged their transfer from a non-operational unit to operational areas

india Updated: Sep 08, 2018 23:40 IST

https://www.hindustantimes.com/indi...preme-court/story-EvkAKONIZsL0FOOwzVdppO.html

Army officers are duty-bound under the oath they take to serve the country wherever they are posted, the Supreme Court has said in a judgement while disposing of a petition by three army personnel challenging their posting orders.

A bench of justices RF Nariman and Indu Malhotra dismissed the plea by the Army Service Corps personnel, holding the ranks of major, lieutenant and sepoy against the transfer orders. The judges strongly disapproved of the practice of Army officers questioning their transfer before a judicial forum.

The oath administered to army personnel requires them to “go wherever ordered, by land, sea or air.”

The three petitioners had challenged their transfer from a non-operational unit to operational areas. They relied on an earlier top court order wherein it was held that Army Services Corps, the Corps of Electronics and Mechanical Engineers (EME) and other minor corps are “non-operational units and formations.” That case before the court pertained to promotional avenues for army personnel.

As a consequence of the top court judgement, the petitioners said, they were non-operational officers for promotional avenues. Hence, they argued, the same classification should be followed for the purpose of deployment and postings, too.

The Centre opposed the petitioners and cited the oath administered to army personnel. Transfers, the government submitted, were not only a necessary incident of service but an essential condition of service. Postings are a part of their regimental duty and not dependent on their willingness, it said.

The court accepted the Centre’s stand and held that irrespective of the service to which the officers are commissioned, personnel are duty-bound to serve wherever they are ordered to.

“This Oath is administered to all personnel, irrespective of the Arm of Service to which they are commissioned. As per the oath, personnel are duty bound to serve wherever they are ordered to,” the court said.

To accept the contention that the ASC has been referred to as a non-operational unit for service promotion purposes and the same rationale must be extended to postings would disturb the entire structure and operations of the army, the court held.

The army does make an effort to give soldiers postings of their choice, keeping the organisational interests in mind, two army officers said.

“However, it is not always possible to post them where they want to go considering the size of the army. It’s a transparent process,” one of them said.