Gopal Sharma
JAMMU, Mar 24: The State Government today said that Disturbed Areas Act, 1997 has lapsed and is not in force in J&K.
While responding to resolution moved by NC member Dr B A Veeri, challenging the legality of Armed Forces Special Powers Act (AFSPA) in J&K in the Upper House of the J&K legislature today, the Government informed that the Jammu and Kashmir Disturbed Areas Act, 1997 was valid for only one year and has lapsed on October 7, 1998.
“The Section 1(4) of the Jammu and Kashmir Disturbed Areas Act, 1997, provided that the Act shall remain in force for a period of one year from the date of its commencement. Therefore, The Jammu and Kashmir Disturbed Areas Act, 1997, ceased to be in force with effect from October 7, 1998,” the Government said.
It further revealed that the Jammu and Kashmir Disturbed Areas Act, a State Act, enforced in the State in 1990, gave powers to Magistrates and Police officers, not below the rank of Inspector or Sub Inspector, in case of the Armed branch of the police to deal with militancy effectively in areas to be notified as `Disturbed Areas’ under the provisions of this Act. The Act of 1990 came to be replaced by the Jammu and Kashmir Disturbed Areas Act, 1992, which in turn, was substituted by the Jammu and Kashmir Disturbed Areas Act 1997, and came into force in October 1997.
Referring to Armed Forces Special Powers Act (AFSPA), the Government clarified that the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990, passed by the Parliament during President’s Rule in the State, came into force on July 5, 1990. This Act confers special powers upon members of the Armed forces of the Union operating in the `Disturbed Areas’ of the J&K State so as to protect the State from the terrorists acts directed towards overawing the Government or striking terror among the people.
“Section 3 of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 provides that the Governor of the State or Central Government may, by notification in the official Gazette, declare the whole or any part of the State to be disturbed area,” the Government maintained.
“To begin with, the areas falling within 20 kms of the LOC in Poonch and Rajouri and the districts of Anantnag, Baramulla, Budgam, Kupwara, Pulwama and Srinagar were declared as ” Disturbed Areas” under the AFSPA, 1990 by the Governor. Subsequently, under the said Act, the Governor declared Jammu, Kathua, Udhampur, Poonch, Rajouri and Doda as disturbed areas,” the Govt said.
The Govt clarified that while Jammu and Kashmir Disturbed Areas Act, 1997, has ceased to exist with effect from October 7, 1998 in the State; the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990, continues to remain in force in the State and the presently notified disturbed areas in the State, have been declared so under this Act.
The Chairman of the Legislative Council, Amrit Malhotra while rejecting the resolution of the protesting NC Members Dr Veeri, Sajjad Ahmed Kichloo and Showkat Ganai directed the watch and wards staff to marshal them out from the House. They had moved adjournment motion seeking discussion on the issue challenging the legality of Armed Forces Special Powers Act in the State.
The trouble erupted in Legislative Council as it started its normal business today. The National Conference Member, Dr Bashir Ahmed Veeri stood up and pleaded the chairman that he had given adjournment motion, seeking debate on the Armed Forces Special Powers Act. He pointed out that Disturbed Areas Act was introduced in J&K in 1997 for one year and in October 1998, it was automatically ceased to exist as no further extension was accorded by the authorities in the State as per record. So why a hue and cry was being made over it by the PDP and was being projected by the Chief Minister that AFSPA will be revoked in phased manner. “Whether all activities being initiated in the State under AFSPA were legal?”, he asked.
The other NC members including Sajjad Ahmed Kichloo, Showkat Ganai, Ali Mohd Dar and Dr Shehnaz Ganai also stood up and pressed for adjournment of the House and allow discussion on the issue. The Chairman did not allow and asked the members to allow smooth conduct of business (Question Hour) in the House. As they continued to press for it, the PDP and BJP members also stood up and said if AFSPA was illegal then what they were doing during past 6 years of rule. Now, AFSPA became illegal immediately after you went out of power.
Upon this, the heated arguments between the two sides started and a spree of allegation and counter- allegations between the Treasury Benches and Opposition NC members continued for some time. The repeated efforts of Chairman failed to restore order in the House. The Chairman then asked the protesting members that he will allow the discussion after ‘Question Hour’ and also see the rules.
As the Question Hour was over, the NC members again stood up and asked Chairman to allow debate on the issue whether all operations under AFSPA were not illegal in J&K as it automatically ceased to be in vogue after October 1998. Dr Veeri again pressed for the debate but the Chairman rejected his motion. Then he protesting came into the well of the House. Two other members Sajjad Kichloo and Showkat Ganai also followed, while Dr Shehnaz, Ghulam Qadir Pardesi, Ajay Sadhotra and Ali Mohd Dar stayed back.
As the members pressed under which rules he has not allowed the debate, the Chairman maintained that as per rules the `chair’ has the powers to accept or reject a motion and he had done it as per the existing rules. Moreover, you can not challenge the authority of the `chair’. The NC members continued arguments with the Chairman and the PDP members again fired salvo on the protesting NC members asking them what they were doing in last six years.
The chairman then directed the watch and ward staff to marshal out Dr Veeri. The marshals then removed all the three protesting NC members outside the House. The proceeding were disrupted twice in the House for about 13 minutes.
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