Friday, 29 May 2015

THE ARMED FORCES (SPECIAL POWERS) ACT, 1958

Armed forces ( Assam and Manipur ) special powers  ordinance  came into force when wide spread violence spread in the north eastern states of India and the state administration was unable  to control internal disturbance in the state. Because of that armed forces (Assam and Manipur) special power ordinance was promulgated by the then president Dr. Rajendra Prasad on 22ND may 1958 .It was later was replaced by Armed Forces (Assam and Manipur) special Powers Act, 1958 on 11 September 1958.according to which armed forces had been granted some special powers in the disturbed areas of state of Assam and union territory of Manipur to maintain state internal peace. As per the armed forces special power act( AFSPA) ,1958 the governor of Assam and the chief commissioner of Manipur  were given  the powers by the AFSPA,1958    to declare whole or any part of Assam or the union territory of  Manipur to be a disturbed area  according to the situation prevailing  in the state. On such a declaration in the official gazette, any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank of the armed forces may exercise the powers conferred to them by the act in the disturbed area.

LIST OF AMENDING ACTS
1. The State of Mizoram Act, 1986 (34 of 1986).

2. The State of Arunachal Pradesh Act, 1986.
3. The Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972.
4. The Armed Forces Special Powers (Extension to Union Territory of        Tripura) Act, 1970.
5. The Repealing and Amending Act, 1960.


THE ARMED FORCES (SPECIAL POWERS) ACT, 1958 is an Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of [Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura]. Armed Forces have been given this power so that they could work in harmony with the state administration when they are deployed in disturbed area in maintaining internal peace in the state .during such situations if any person got arrested and was taken into custody under this Act then the army authority duty is bound to handover them to the officer-in-charge of the of the nearest police station with the least possible delay, along with a report of the circumstances causing the arrest. According  to the  act  no prosecution, suit or other legal proceeding shall be instituted to the persons acting under act except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.
Tripura was also among those north eastern states which are under the armed forces special power act, 1958 for last 18 years to curb insurgency .recently the Tripura government on Wednesday decides to remove the armed forces power act (AFSPA) from the state .Tripura  Chief Minister Manik Sarkar, who is also the Home Minister of the state after  reviewing  the situation of the disturbed areas of the state  has taken the  decision of removing the armed forces special power act from the state  in the meeting of the council of ministers . As they have also discussed the issue with the state police and other security forces working in the state and as per suggested by the security forces in the state that there is no requirement of the Act now as the insurgency problem has largely been contained. Chief Minister manic sarkar has declared that they would soon issue gazette notification in this regard.






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