Moily panel for repeal of AFSPA

In a recommendation that could face stiff resistance from the states, the Administrative Reforms Commission favoured sweeping powers to the Centre to deploy armed forces in case any state faced “major public order problems” and the repeal of the controversial Armed Forces Special Power Act.

The commission also recommended bringing investigation of certain crimes with inter-state and national ramifications directly under the jurisdiction of central investigating agency like CBI. These offences include terrorism, organised crimes, acts threatening national security, sedition, arms and human trafficking, assassination of major public figures and serious economic offences. “We want the government, both Centre and states, to implement the report ARC on Public Order in its fully as it tries to address the   vacuum created over they years,” Veerappa Moily, the commission Chairman told newsperson after submitting the report to Prime Minister Manmohan Singh. Making a reference to the Babri Masjid episode, Moily said the commission was of the view that a law should be enacted to empower the Centre to deploy its forces in the state in case of major public order problems which may lead to the breakdown of the constitutional machinery.

Moily clarified that such deployment should take place after the concerned state has failed to act on “directions” issued by the Centre and such deployment should not exceed three months.

In the backdrop of stiff resistance the AFSPA of 1958, from some North Eastern states, particularly Manipur, the commission while recommending its repeal suggested to bring an enabling legislation in its place for deployment of Central forces in the North Eastern states.

“The Unlawful Activities (Prevention) Act, 1967, should be amended by inserting by a new chapter VI A as recommended by the Committee to Review the AFSPA. The Chapter VI A would only apply to North Eastern states.”

Referring to police reforms, regarding which several states had even objection to implement the Supreme Court’s last year directive, the commission said the crime investigation should be separated from other police functions and a board of investigation should be constituted to oversee investigation and prosecution.

Even as states objected to the apexcourt order on fixed tenure to senior police officers, the commission favoured that the tenure of chief of law and order police and the chief of crime investigation agency should be at least three years. Women should constitute 33% of the police force.

It said obstruction of justice should also be defined as an offence under the law and no government functionary should issue any instruction to any police functionary, which are illegal or mala fide. The report said no sanction of the Centre or State should be necessary for prosecution under Section 153(A) and Section 196 CrPC should be amended accordingly.

Moily said statements before police should be admissible and it could be used for both corroboration and contradiction in a court of law. The report called for amended to CrPC to impose a duty on every court to suo motu cause production of evidence for the purpose of discovering the truth.

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