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Omar`s balm for Army on AFSPA

Last Updated: Thursday, November 24, 2011 - 16:34

Jammu: Allaying fears of Army on the issue
of revocation of AFSPA, Jammu and Kashmir Chief Minister Omar
Abdullah said the state government could consider restoring
two provisions of CrPC to make them applicable to the state so
that security forces have legal protection.

"They (security forces) have pointed out that in all
other states of the country, Army and para-military enjoys
protection under the Criminal Procedure Code (CrPC), which is
not applicable in Jammu and Kashmir," Omar said in an informal
chat with reporters last night.

He said his government may include the omitted sections
of CrPC to make the law on par with with the rest of country.

When CrPC was applied for the state of J and K, two
sections--45 and 197-A--dealing with Army and security forces
were deleted.

While section 45 deals with protection of members of the
Armed Forces from arrest, section 197-A deals with prosecution
of civil servants.

" member of the Armed Forces of the Union shall be
arrested for anything done or purported to be done by him in
the discharge of his official duties except after obtaining
the consent of the Central Government," according to section
45 of CrPC.

As per Section 197-A, no courts will take cognizance of
an offence committed by a public servant "while acting or
purporting to act in the discharge of his official duty"
until a sanction was accorded by the Central Government.

The Chief Minister, who is pushing for lifting of AFSPA
from parts of J and K, said such provisions could be extended
to the state for providing safeguards to the Army in its
functioning. Army has voiced its reservations on revocation of


First Published: Thursday, November 24, 2011 - 16:34
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