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| Congress-J&K unit rift widens over Omar's special power remarks |
| Kavita Chowdhury / New Delhi Oct 30, 2011, 00:08 IST |
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The relations between Jammu and Kashmir Chief Minister Omar Abdullah and alliance partner Congress appear to be strained, especially over the former’s recent comments over imminent withdrawal of the Armed Forces Special Powers Act (AFSPA) from the state.
The unilateral statement by Abdullah, led to strong reactions from the state Congress chief Saifuddin Soz and Congress state-incharge Mohan Prakash; with both advising that larger consultations were imperative with the Army, the Centre and coalition partners before any such decision over withdrawal of the AFSPA can be taken. The issue of withdrawal of what is perceived as a “draconian law” by the Kashmiris seems to have become politicised, pitting National Conference and the Congress against each other with the latter voicing the Army’s opposition to withdraw the law.
This friction between the two allies has also resulted in renewed demands within the local Congress for power sharing and having a Congress CM at the helm in keeping with its rotational chief minister policy.
In the last innings as a coalition partner in J&K, the Congress had shared the chief minister’s seat with then alliance partner PDP with each taking charge for three years.
| THE ARMED FORCES (SPECIAL POWERS) ACT, 1958, MADE SIMPLE: |
The Origin: The act was enacted on September 11, 1958 after violence became common in the north-eastern states. After similar conditions developed in J&K in 1990, the Act was enacted their too
What does the Act say? It confers special powers upon members of the armed forces in disturbed areas of the state where the Act has been enacted
What special powers do armed forces have? Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area:
- For the maintenance of public order fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order
- Destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made
- Arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists
- Enter and search without warrant any premise to make arrests
Protection to person acting under this law: Section 6 of the Act provides complete legal immunity to armed forces. It says no prosecution, suit or other legal proceedings can be instituted, without the sanction of the central govt
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However, with National Conference, the Congress leadership seemed to have changed its stance and Omar has been at the helm of the state with Congress officially scotching all talk of rotating CMs. Party insiders say, Omar’s close relations with Congress scion Rahul Gandhi was the reason behind the free hand given to Omar. The coalition regime completes its halfway mark in January 2012.
However, the situation seems to have become clouded at present with the chief minister having “jumped the gun”, according to a senior Congress leader. Citing “personal ambition behind” Omar’s unilateral comments, the leader added, “Where is the decision based on which he has publicly made this statement. Infact Omar is trying to pre-empt all decisions.”
A day after Omar's comments on the AFSPA, National Conference leader Mustafa Kamal’s remarked that the October 25 grenade blasts in Srinagar were “orchestrated by Army”. This “irresponsible” comment has led to further straining of relations between the two parties.
Saifuddin Soz, the PCC chief has gone on record to state that nor he nor anyone within the party or the Centre or the Army had been consulted by the chief minister.
Omar had claimed that he had gone public with his comments only after “consultation with the Home Minister P Chidambaram.”
AICC State incharge Mohan Prakash went onto back Soz saying, “If the PCC President has said something, there must be a reason behind it. We also feel that there is a need for better coordination between the two coalition partners (National Conference and Congress) there.”
The AFSPA bone of contention between the Congress and the NC shows no signs of abating.
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