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AFSPA:
Armed Forces (Special Powers) Act,1958 (Problems (Vagueness of…
AFSPA:
Armed Forces (Special Powers) Act,1958
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Disturbed Area
Not defined. Declared by Central govt, Governor or Administrator in places where “the use of armed forces in aid of the civil power is necessary”
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Army powers
Authority to prohibit a gathering of five or more, can use force or even open fire after giving due warning if they feel a person is in contravention of the law.
If suspicion exist- arrest w/o warrant, enter and search a premise w/o warrant.
Facts
Manipur’s Irom Sharmila, a staunchest opponent undertook a fast from 2000-2016
Separate act for J&K - Armed Forces (Jammu & Kashmir) Special Powers Act, 1990
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SC
2016: 2 judge bench
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Every case of extra-judicial killing even caused by the armed forces in a disturbed area should be thoroughly enquired into.
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Santosh Hegde Committee, 2013
AFSPA gave “sweeping powers” to men in uniform without granting citizens protection against its misuse
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