SHILLONG: The Thma U Rangli Juki (TUR) on Wednesday released an ‘open letter’ endorsed by noted personalities including film makers, activists, lawyers and writers opposing the imposition of Armed Forces Special Powers Act, 1958 (AFSPA) in Garo hills region.
Over 60 concerned citizens from across the nation including the likes of Aruna Roy, MKSS, Mahesh Bhatt, filmmaker, Prashant Bhushan, lawyer and Prof. Ayesha Kidwai, academician among others endorsed the letter opposing the implementation of AFSPA in Garo Hills.
Addressing a press conference here on Wednesday, TUR member Angela Rangad said that the open letter airs concern over the Meghalaya High Court’s decision to direct the Centre to consider the use of AFSPA in Garo hills.
“The power to notify an area as disturbed and extend application of the AFSPA lies exclusively with the executive, that is, the state or central government,” Rangad said adding that “Maintenance of law and order, especially in a conflict ridden area throws vexed questions of security policy and needs reasoned and reflective assessment of options.”
“By inviting the imposition of the AFSPA, the High Court of Meghalaya has become an active participant in the security policy of the state and has therefore, compromised its ability to safeguard individual rights and fulfill its role of acting as a check on executive power,” the letter said.
“More specifically, in upholding the constitutionality of the AFSPA, the Supreme Court in the case of Naga People’s Movement of Human Rights laid down certain safeguards that need to be followed in the implementation of the Act. One of these safeguards is the requirement to review a notification declaring an area to be “disturbed” under section 3 of the Act.
“The Supreme Court said “we are unable to construe Section 3 as conferring a power to issue a declaration without any time limit… we are of the view that a periodic review of the declaration made under Section 3 of the Central Act should be made by the Government that has issued such declaration before the expiry of a period of six months”. In its order, the Meghalaya High Court has said that armed forces should be deployed in the Garo Hills until “life becomes normal and the incidents of rampant kidnapping and killing totally stop”. This is clearly contrary to the decision of the Supreme Court,” the letter added.
“Further, in the case of Naga People’s Movement of Human Rights the Supreme Court acknowledged a limited power of judicial review over notifications declaring areas to be disturbed: courts could assess whether the executive had relied on relevant material in making a decision to declare an area as disturbed, but not if these materials were sufficient. In directing the executive to impose the AFSPA, the High Court has effectively nullified the possibility of such a review in the future,” the letter further said.
“In a conflict ridden region, it takes many years of work to position the judiciary as an independent institution which is committed to enforcing constitutional discipline on the state and protects people’s right to redress. The order will have devastating consequences to the life and liberty of persons living there”, the letter added.
