New Delhi, Sep 12 (TOI): Even as Cabinet Committee on Security is set to decide on the J&K government's demand for partial withdrawal of the Armed Forces Special Powers Act, the political leadership still has to deal with the resistance of the armed forces to what they call the effort to make them the "fall guy".
With indications suggesting that the political leadership is coming around to accept J&K chief minister Omar Abdullah's demand for partial lifting of AFSPA, the armed forces are complaining that the state government is trying to pass the buck to the Army to conceal its own failure.
The violence in Srinagar on Saturday, when separatists reneged on their promise to keep peace, could bolster those who have been counselling caution in lifting the AFSPA. This much was conceded by Omar Abdullah himself. Talking to a TV channel, the chief minister said that the violence will "cast a shadow" on the efforts to withdraw the AFSPA.
The Army's argument already has support within the CCS with defence minister A K Antony refusing to give in to persuasion by home minister P Chidambaram who has been spearheading the move to withdraw or amend the law which human rights activists term as draconian and a shield against excesses but which the Army believes to be crucial for its operations in the troubled state. The Army has a sympathiser also in finance minister Pranab Mukherjee.
The continued opposition makes the CCS meeting, now scheduled for Monday, very crucial, and may leave Prime Minister Manmohan Singh playing the arbiter on the sensitive issue.
Army's reservations have been conveyed to the Prime Minister by its chief, General V K Singh, himself. Significantly, General Singh had earlier publicly complained about the political leadership frittering away the gains the armed forces have made in the fight against terror at a huge cost.
While the remark attracted criticism from the J&K chief minister's father, Union minister Farooq Abdullah, the continued resistance shows that the Army, having lost more soldiers in the fight against terrorism/insurgency in J&K than in all the battles put together, remains unfazed. It sees itself as an important stakeholder and is, according to sources, candid in expressing its misgivings about the functioning of the state government.
The Army brass have pointed out to political interlocutors that the state government, instead of copying the separatists and blaming the Army, should get its act together.
Cautioning against any haste in withdrawing AFSPA which will trigger similar demands from the Northeast, they said that the very move was based on a wrong premise that the Army was responsible for the present crisis. "The entire violence of this summer, and even the last summer, was concentrated in Srinagar, Sopore, Anantnag and other urban centres where Army has no presence," a senior military source argued.
Army officials, speaking on the condition of anonymity, argue that if the Omar Abdullah government is keen to show its seriousness, the first step could be limited withdrawal of the Disturbed Areas Act. The Act, which is a state government promulgated Act, provides legal cover to the paramilitary and state police personnel engaged in anti-insurgency operations. Army's argument is that if the state government is really keen on signalling its intent not to allow excesses in the name of law enforcement, then it should think about suspending the Disturbed Areas Act which provides cover to the security personnel battling demonstrators in urban areas.
"Let them try that out in urban areas," said a senior military source.
In "disturbed areas", any magistrate or police officer not below the rank of sub-inspector or head constable of the armed branch of the police can order firing upon, or use of other force, against any person indulging in any serious act that can breach public order. This is the legal protection enjoyed by paramilitary and state police forces.