Srinagar, Dec 13: A day after army said that Disturbed Area Act (DAA) had no relation with controversial Armed Forces Special Powers Act (AFSPA), legal experts rebuffed the claim on Tuesday saying “All the districts of JK were declared disturbed when Parliament passed a resolution to implement AFSPA in the state.” 
 While talking to Greater Kashmir senior advocate Zaffar Shah said, “There is no misconception about DAA being applicable in Jammu and Kashmir. It was imposed in 1997 but it got expired in 1998, but entire JK continues to be a disturbed area due to AFSPA being applicable in the state.” 
 Pertinently, Colonel Sanjay Vishwas Rao, Internal Security Officer, on Monday had said, “DAA has no relation with AFSPA. It is a misconception that the two laws are linked to each other.”  
 Shah said that present debate is not about revoking DAA, it is about getting AFSPA revoked. “The Governor can withdraw AFSPA notification on the advice of cabinet. Entire JK will continue to remain disturbed area till AFSPA notification is withdrawn,” he added.
 Another senior advocate Riyaz Khawar seconded Shah. “Our conception about DAA is very clear. There is a huge difference between Disturbed Area Act and any area being disturbed. We know it very well that DAA is not applicable here, but JK continues to be disturbed area due to AFSPA.”
 Referring to a judgment passed by Supreme Court Khawar said, “In a case, Peoples Naga Movement for Human Rights versus Union of India the Apex Court had stated that situation in any area which is declared disturbed should be assessed after every six months and no area can be declared disturbed forever.”
 The Supreme Court in its judgment had laid the certain guidelines to be followed in disturbed areas, these were: “If any person is arrested by the army he should be handed over to local police immediately. Army cannot arrest any lady, and Government of India should grant sanction immediately for prosecution if the complaint against any force personnel is found genuine.”
 The spokesperson of Peoples Democratic Party Naeem Akther said that opinion of the army officer is based on the “technicalities.” “Our party believes that JK needs a full fledged democratic set up and AFSPA doesn’t fit in it. No laws are divine, these have been made by our own institutions and same can amend these. Technicalities should not come in the way of AFSPA revocation.”   
 Pertinently, modeled on the Armed Forces (Special Powers) Ordinance, promulgated by the colonial British government on 15 August, 1942, to suppress the Quit India Movement, the AFSPA was initially supposed to have remained in operation for one year to tackle the Nagaland problem. Parliament enacted a fresh law Jammu and Kashmir Armed Forces Special Powers Act in September 1990 to cover Jammu and Kashmir incorporating clauses of Disturbed Areas Act also in the Section 3 of JKAFSPA.
 Under Section 6 of this law, “No prosecution, suit or other legal proceedings 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 powers conferred by this Act.”

Lastupdate on : Tue, 13 Dec 2011 21:30:00 Makkah time
Lastupdate on : Tue, 13 Dec 2011 18:30:00 GMT
Lastupdate on : Wed, 14 Dec 2011 00:00:00 IST