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Omar's troubles persist -- now over his remedy
Monday November 28, 2011 05:45:20 PM,
IANS
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Srinagar: Even as a
debate rages over a controversial law, Jammu and Kashmir Chief
Minister Omar Abdullah's decision to amend the Criminal Procedure
Code (CrPC) to protect soldiers during anti-militancy operations
has sparked off another row.
The has received flak from the bar association, civil society,
opposition parties and others.
Most critics say that by amending the CrPc, the chief minister
would have replaced the temporary Armed Forces (Special Powers)
Act (AFSPA) with a permanent legal provision that would provide
blanket immunity to security forces.
"It would be the same thing, whether you call it AFSPA or CrPc,
when the basic objective becomes to protect the army or other
security forces from the normal process of law," senior advocate
Zafar Shah told IANS Monday.
Mehbooba Mufti, president of the People's Democratic Party (PDP),
said the intended amendments were tantamount to imposing martial
law.
"The amendment would not give immunity to just the security
forces, it would also mean the central government employees would
be protected against prosecution by the state," she told
reporters.
In order to negotiate a way out of the impasse over the revocation
of AFSPA, which gives sweeping powers to the armed forces,
Abdullah said last week that the provisions of CrPc providing
protection to the army during its anti-militancy operations would
be extended to the state.
Because of the special status of Jammu and Kashmir, sections 45
and 197 of the CrPc -- which call for prior sanction from the
central government before the arrest or prosecution of a soldier
-- are not applicable to the state.
Jammu and Kashmir has its own criminal penal code, known as the
Ranbir Penal code (RPC), which is concomitantly applicable here
along with CrPc, which is a uniform criminal procedure code across
the country.
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