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J&K govt defers the decision to withdraw AFSPA

It was decided that the issue would be again taken up in the next cabinet meeting in Jammu after the bi-annual Darbar move shifts to winter capital for next six months in November.

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Amid opposition from its alliance partner Congress, Omar Abdullah led government on Friday deferred the decision to withdraw the controversial Armed Forces Special Powers Act (AFSPA) from certain parts of J&K till next cabinet meeting to be held in winter capital.

A cabinet meeting was held here on Friday which was presided over by chief minister Omar Abdullah. It was decided that the issue would be again taken up in the next cabinet meeting in Jammu after the bi-annual Darbar move shifts to winter capital for next six months in November.

However, the government played down the matter saying the AFSPA withdrawal was not on the agenda of the Friday's cabinet meeting .

“It (AFSPA) was not on the agenda of cabinet meeting today. Chief Minister only briefed the cabinet. There was no agenda for passing any resolution in this regard”, said Taj Mohidin, senior Congress leader and J&K minister for Irrigation and Public Health Engineering.

The issue was deferred in the backdrop of the open opposition from the Congress, the alliance partner of ruling National Conference government. J&K Congress president Saif-ud-din Soz on Thursday had gone public criticizing Omar Abdullah for not consultiing them before announcing the withdrawal of the AFSPA from certain areas in a function on October 21.

“CM would come up with complete agenda on this issue after discussion with army, defence ministry and union home ministry. It will be taken up for discussions in the next cabinet meeting and the decision will be taken accordingly”, said a top official privy to the cabinet meeting.

Sources said the CM will not bring the memo in the cabinet in a hurry because it could anger the alliance partner. “Therefore it was decided that Omar will informally brief his colleagues on Friday and the issue will be again taken up in the cabinet meeting to be held in Jammu”, sources said.

Controversial Armed Forces Special Powers Act (AFSPA) was invoked in Jammu and Kashmir from 1990 onwards to allow the army to conduct operations against militants in the civilian areas. Leh and Kargil are the only two districts of Jammu and Kashmir where AFSPA is not applicable

Under AFSPA the armed forces have sweeping powers to operate in the state with impunity.  Under AFSPA, an official of the armed forces can shoot anybody if he is of the opinion that he is acting against law. The forces can also search or even destroy property if they are of the opinion that it is used as hideouts for the ultras.  In normal circumstances it is the competent magistrate who has to give orders to open fire or search the property.

“Revocation of AFSPA from some areas would not help in ending the human rights abuses as the sense of immunity in the soldiers is not derived from laws but from the political culture of impunity, for which State Government and the Government of India are largely responsible”, Yasin Hassan Malik, spokesman of the Association of Parents of Disappeared People..

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