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By Vivek Chadha

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Extra resources for Armed Forces Special Powers Act: The Debate

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The facts were quite to the contrary. The army was only trying to protect the innocent. Had the enquiry report been submitted to Armed Forces Special Powers Act 47 the central government, it would have examined the case de-novo taking also into account the facts that have been conveniently ignored to reach a conclusion, which was contested. The purpose of providing for the sanction of the central government is to ensure that an independent and detached authority views the cases without fear or favour and to maintain balance.

The Kargil experience and the Mumbai terrorist strike cannot be ignored. It would be prudent to exercise caution in face of Pakistan’s capacity to calibrate violence. 1. html, accessed on 20 June 2012. 42 Armed Forces Special Powers Act: The Debate The argument put forth by a section of the strategic community regarding the impact of events in Afghanistan and their ultimate impact on Kashmir is relevant. This worrying link was established in the late 1980s and early 1990s with the deployment in Kashmir, of a large number of highly indoctrinated Afghan jehadis, following the Soviet withdrawal from Afghanistan.

The army was only trying to protect the innocent. Had the enquiry report been submitted to Armed Forces Special Powers Act 47 the central government, it would have examined the case de-novo taking also into account the facts that have been conveniently ignored to reach a conclusion, which was contested. The purpose of providing for the sanction of the central government is to ensure that an independent and detached authority views the cases without fear or favour and to maintain balance. The decision of the government is always open to judicial review.

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