Vijay & Abhiroop Chakravarty, Advocate, Rajasthan High Court
ABSTRACT
Armed Forces Special Powers Act (AFSPA), 1958 has been in news over the years and called as a controversial and criticized since its enactment. AFSPA give enormous power to Armed personals to kill and shoot to any person if they have any suspicion over that. This act is continue in use even after 64 years of enactment of the act and has been called a gross violation of Article 21 of Indian Constitution. As there is always emergency like situation where the act is enacted while the rest of the country enjoys full freedom. This act provides immunity and protection to Armed Personals against any Prosecution without previous sanction by the Central Government. As on the other side it is advocated that this act is important as the area in which it is enacted are disturbed areas due to rising insurgency, there has been past practice to truffle the Govt. elected by law and Raise of militancy and by removal of present act there is high chance of getting situation worse.
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