Controversial Law AFSPA should be repeal with immediate effect

Ref. AFSPA may go from parts of J&K. T.o.I News 12^th Oct. 2011.

Dear Sir / Madam,

Military presence is a problem & not a solution to Kashmir issue.

Armed Forces (Special Powers) Act (AFSPA), was passed on September 11, 1958, by the Parliament of India. It conferred special powers upon armed forces in what the act calls "disturbed areas" in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. It was later extended to Jammu and Kashmir as The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 in July 1990.

The Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the more draconian legislations that the Indian Parliament has passed in its 45 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed. Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to "maintain the public order". The controversial Armed Forces Special Powers Act which gives ultimate powers to security forces to search, seize and arrest any person without any warrant in Jammu & Kashmir.

It gives Army officers legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. For declaring an area as a 'disturbed area' there must be a grave situation of law and order on the basis of which Governor/Administrator can form opinion that an area is in such a disturbed or dangerous condition that use of Armed Forces in aid of civil power is necessary

Violation of Article 21 - Right to life

Article 21 of the Indian Constitution guarantees the right to life to all people. It reads, "No person shall be deprived of his life or personal liberty except according to procedure established by law." Judicial interpretation that "procedure established by law means a "fair, just and reasonable law" has been part of Indian jurisprudence since the 1978.

Under section 4(a) of the AFSPA, which grants armed forces personnel the power to shoot to kill, which violets the constitutional right to life. This law is not fair, just or reasonable because it allows the armed forces to use an excessive amount of force.

In view of the state's majority Muslim population, who believes that it would vote to become part of Pakistan? However, a plebiscite is required in J&K for the sake normalacy in the Kashmir. Any plebiscite or referendum likely to result in a majority vote for independence therefore be opposed by India. It would also be rejected by the inhabitants of the state who are content with their status as part of the countries to which they already owe allegiance.

It is request.

1. Repeal draconian Law AFSPA from Jammu & Kashmir as it intentionally invoked to kill the Muslims of Kashmir.

2. Provide the plebiscite to the people of Kashmir as what they want.

Thanking you,

Yours Sincerely,

Zuber Ahmed Khan