AFSPA again back into focus

Machil fake encounter may strain Indo-Pak dialogue process

SYED ALI SAFVI

SRINAGAR, June 1: Machil fake encounter, which has been hogging the headlines for all the wrong reasons in the past couple of weeks, has once again brought into focus Armed Forces Special Powers Act (AFSPA), with separatists and political leaders of all hues advocating that the draconian AFSPA law be revoked as it contains reprehensible provisions, including "licence to kill".

The three youth of Kupwara - Shahzad Ahmad Khan, Riyaz Ahmad Lone and Muhammad Shafi Lone - had gone missing on May 28, 2010 and were killed in a fake encounter on May 30 near the Line of Control (LoC) in Machil sector by troopers.

The Machil encounter has not only rekindled memories of Ganderbal and Pathribal fake encounters, but has once again exposed the underbelly of the draconian AFSPA law in the state.

After trading accusations over Mumbai 26/11, two estranged neighbours - India and Pakistan - had finally showed the intention to talk on Kashmir, and even Hurriyat Conference (M), a conglomerate of separatist groups, had expressed willingness to be a part of the much-talked-about dialogue process. However, the Machil fake encounter has put the much anticipated dialogue between India and Pakistan again on backburner. Political pundits believe that the fake encounter could further strain the already tense bilateral relations between New Delhi and Islamabad.

Chairman Hurriyat Conference (M), Mirwaiz Umar Farooq, yesterday categorically stated that talks with India were not possible until AFSPA was in place.

“Whom will I represent during talks? Those killed during fake encounters by Indian Army? Let me make it clear to Dr Manmohan Singh. Talks and human right violations cannot go together. Talks cannot be held till human rights violations and draconian laws continue,” he had said.

Mirwaiz had also accused New Delhi of having given full authority to its troops to “kill innocent Kashmiris”.

“Killing of innocents in fake encounters has been commercialised in Kashmir… The zero tolerance assurance of chief minister on human rights has proved to be a big zero. Shopian incident is an eye opener for all of them; culprits were protected and innocents were booked,” he had said.

Revocation of AFSPA has always been one of the major issues for separatists, who have often linked it with “state terrorism”. The concern, however, has not remained confined to separatist camp only, but mainstream leaders have also voiced their concern over the AFSPA misuse and sought its revocation, albeit once they are out of power.

Recently, former chief minister and Peoples Democratic Party (PDP) president, Mufti Mohammad Sayeed, had called for a special legislature session to exclusive discuss AFSPA revocation and unabated human rights violation in the state.

“We call upon the government to convene a special session of the state legislature where human rights would be the only subject of discussion and a resolution is presented for revocation of AFSPA," Mufti had told media persons on May 29 at his Srinagar residence.

Reacting to the killings of three youth in a fake encounter at Machil in north Kashmir’s Kupwara district last month, Mufti had expressed hope that political unanimity would prevail in passing such a resolution.

"It is essentially a reason for all of us in the state who represent different sentiments and opinions to develop a joint response to this grave situation," he had said.

Despite being considered an instrument of highhandedness; AFSPA continues to remain in vogue in the conflict ridden state of J&K. Every mainstream and separatist leader of the valley has, although clandestinely, demanded its revocation, but interestingly the AFSPA has never been debated in the state assembly. Both NC and PDP failed to pass a resolution on AFSPA when in power.

Pertinently, when the ruling National Conference (NC), was out of power between 2002 and 2008, it had cried horse about revocation of AFSPA in the state.

A central government-appointed Justice Jeevan Reddy Commission had recommended revocation of AFSPA, but it continues to remain in vogue.

Meenakshi Ganguly, senior fellow at Human Rights Watch had also called for immediate revocation of AFSPA.

“The Indian government’s responsibility to protect civilians from attacks by militants is no excuse for an abusive law like AFSPA. Fifty years of suffering under AFSPA is too long, and government should scrap it now.” (Human Rights Watch report 2008)