Srinagar, Nov 29: Following criticism from different quarters for proposing extension of two sections of CrPC to J&K to provide army and other forces legal protection, the state government seems to have put the move in the cold storage.
Talking to Greater Kashmir, Chief Minister Omar Abdullah on Tuesday said, “It will be irresponsible on our part not to at least consider all the suggestions received by us. Ultimately we will decide what is best for people of Jammu and Kashmir.”
He said there was no move by the Government to replace a temporary legislation with a permanent one. “Government has not prepared any papers regarding the amendments to be made in the CrPC,” Omar said.
He said the government understands the sensitivity of the issue. “Any decision in this regard will be taken only after wider consultation with all the concerned,” Omar added.
Senior National Conference leader and Member Parliament Dr Mehboob Beg said, “It was just an idea which the Chief Minister had floated. It was nothing concrete. He (Omar) is very serious about revoking Armed Forces Special Powers Act (AFSPA) from the state and for that he is trying to find ways and means.”
Dr Beg said that Omar had mooted the idea “in good faith” but it has evoked a very “adverse reaction.”
“If people don’t want these two sections to be extended to the state, the government won’t go ahead with it,” he added.
Dr Beg maintained that the state government was committed to revoke AFSPA and for it many such proposals are in the pipeline. “To amend RPC or CrPC was just one of the proposals,” he said. “Situation in Kashmir Valley is improving and people deserve to get a respite that is why he (Omar) is so keen on getting AFSPA revoked at least from a few areas of the state.”
Pertinently, the Chief Minister last week had said that his government is ready to give legal protection to the Army by amending the Ranbir Penal Code and making it on par with the CrPC.
"They (security forces) have pointed out that in all other states of the country, Army enjoys protection under the Criminal Procedure Code (CrPC), which is not applicable in Jammu and Kashmir's RPC. We are ready to amend the RPC to make it on par with CrPC to remove doubts of the Army", Omar had said.
He had said that his government was ready to give the Army all powers enjoyed by them under CrPC in other states.
The idea mooted by the Chief Minister could have paved way for the application of sections-45 and 197(A)- dealing with army, security forces and central government employees. While section 45 deals with protection to members of the Armed Forces from arrest, section 197-A deals with prosecution of civil servants. Both the sections presently are not applicable in JK.
“No 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,” states 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.

Lastupdate on : Tue, 29 Nov 2011 21:30:00 Makkah time
Lastupdate on : Tue, 29 Nov 2011 18:30:00 GMT
Lastupdate on : Wed, 30 Nov 2011 00:00:00 IST