SC Commission for Humane AFSPA

KL Report


Supreme Court, that set judicial commission early this year to make the controversial Armed Forces Special Powers Act (AFSPA) more humane, has suggested fixing a time frame of three months for the central government to decide whether to prosecute security personnel engaged in extra-judicial killings or unruly behaviour in insurgency-hit regions.

The Commission was set up in January this year suggested measures to make the law humane and increase the accountability of the security administration.

Under AFSPA, security personnel cannot be tried in a court of law without the central government’s permission.

In its report submitted to the apex court, the three-member committee headed by Justice (retired) N Santosh Hegde recommended that if the central government failed to respond to the state government’s request for action within three months, it would be presumed as a grant of sanction.

In a separate note annexed to the 114-page report, commission member Dr Ajai Singh – a retired Karnataka cop – said that extra-judicial killings lead to hatred against the security forces. He noted that AFSPA was an impediment to achieving peace in regions such as Jammu and Kashmir and the northeast.

The commission also said the law needs to be reviewed every six months to see whether its implementation is actually necessary in states where it is being enforced. About Section 6 of the act, which guarantees protection against prosecution to the armed forces, the report said: “It is not that no action can be taken at all. Action can be taken but with prior sanction of the central government.”

The three-member team, which also included former chief election commissioner JM Lyngdoh, added: “Despite repeated questions posed by the commission, we have not been informed of any monitoring system to review the use/abuse/misuse of these powers by the security forces as claimed by the central government in their affidavit before the Supreme Court.”


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