AFSPA returns to haunt poll discourse in Kashmir

The killing of two boys and injuring of two others after the Army fired on a Maruti on Monday evening at Chattergam in Budgam district, about 8km south of Srinagar city, has again brought focus on impunity enjoyed by the armed forces operating in Jammu and Kashmir.

Two hours after the killing, the Army spokesperson issued a statement saying a Maruti in which the boys were travelling didn’t stop at two check-posts at about 5pm and barged into a third check post and resulted into “firing incident” giving impression that boys might have also fired.

He regretted the loss of lives in the “firing incident.”

The Army has said all 16 soldiers including an officer have been shifted to Sector Headquarters for a court of inquiry. But eyewitnesses reject the Army’s claim, accusing the army of killing the boys without any provocation and the police have registered an FIR against the Army describing all the boys (aged between 14 and 18) as civilians.

When such incidents have taken place in the past, mainstream political parties have been quick to demand an inquiry, ask for compensation for the families, and then promptly forgotten about them. Separatists, on the other hand, have rejected all probes, which they say, invariably exonerate the armed forces as in the Pathribal fake encounter case, which chief minister Omar Abdullah describes as a millstone around the Army’s neck.

This time the main regional parties of Kashmir - National Conference and Peoples Democratic Party (PDP) -- have not sought probes or an inquiry. Instead they have sought revocation of the Armed Forces (J&K) Special Powers Act (AFSPA) which gives armed forces an immunity against prosecution while operating in a disturbed area.

Kashmir and areas close to LoC in Rajouri and Poonch regions of Jammu were declared as disturbed under the AFSPA in 1990 when armed insurgency erupted in the state, while Jammu region was declared disturbed in 2001. “The continued use of AFSPA has generated an all-pervading sense of impunity among the security forces as they feel beyond reproach for their conduct and some of them misuse their authority and weapons,” alleged PDP president, Mehbooba Mufti.

She said Prime Minister Narendra Modi must take a call on this law and use his decisive mandate as an opportunity to open a new chapter in Jammu and Kashmir by taking steps to revoke the AFSPA  and put a stop to the unaccounted killings in Kashmir.

Abdullah, who has been seeking phased withdrawal of the law since he took over in 2009 as chief minister of the state, reiterated when a legal cover (AFSPA) converts into blanket immunity when such incidents (Chattergam) take place. Abdullah said that incidents of “fire first and ask questions later” will have an impact on the poll campaign.

Unlike Abdullah, his uncle Dr Mustafa Kamal described the probe ordered by the Army in the case as mere eyewash. “Everybody knows the Army enjoys immunity under AFSPA,” Kamal said. The revocation of AFSPA has pushed other political discourse into the background. Alleged Army high-handedness has come back to muddy the waters of Kashmir yet again.