30-Dec-2019: AFSPA extended in Nagaland

The Ministry of Home Affairs (MHA) has declared the entire State of Nagaland as a “disturbed area” for six more months, under the Armed Forces (Special Powers) Act (AFSPA) which empowers security forces to conduct operations anywhere and arrest anyone without prior notice.

The AFSPA has been in force in the Northeast since 1958. Nagaland acquired statehood in 1963.

In a notification, the MHA said the central government is of the opinion that the area comprising the whole state of Nagaland is in such a “disturbed and dangerous condition” that the use of armed forces in aid of the civil power is necessary.

In exercise of the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958 (No. 28 of 1958) the central government hereby declares that whole of the said State to be a ‘disturbed area’ for a period of six months with effect from December 30, 2019 for the purpose of that Act.

Presently, AFSPA, 1958, is operational in the entire States of Assam, Nagaland, Manipur (except Imphal Municipal area), three districts namely Tirap, Changlang and Longding of Arunachal Pradesh and the areas falling within the jurisdiction of the eight police stations in the districts of Arunachal Pradesh, bordering the State of Assam. The notification declaring Manipur and Assam as “Disturbed Areas’ has been issued by the State governments. For Nagaland, the notification is issued by the MHA.

The draconian act has not been withdrawn despite a framework agreement being signed on August 3, 2015 between Naga insurgent group NSCN-IM general secretary Thuingaleng Muivah and government interlocutor R.N. Ravi in the presence of Prime Minister Narendra Modi.

1-Nov-2019: MHA to continue to have final say on AFSPA in J&K

The Cabinet Secretariat notified rules reasserting the Ministry of Home Affairs (MHA) as the authority that would decide on the imposition of AFSPA in the Union Territories of Jammu and Kashmir (J&K) and Ladakh. As per the J&K Reorganisation Act, 2019, the UT of J&K will have a legislative Assembly but the UT of Ladakh will not have one.

Earlier, before the State of J&K was bifurcated and downgraded it was the MHA or the Governor that was the designated authority for notifying the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 (21 of 1990).

The notification also renamed the Department of Jammu and Kashmir in the MHA as the “Department of Jammu, Kashmir and Ladakh Affairs”. The notification also included the Hindi translation of the name change in Roman script — “Jammu, Kashmir aur Ladakh Vibhag”.

AFSPA, which empowers security forces to conduct operations anywhere and arrest anyone without a warrant, is in force in J&K since July 5,1990.

The government said the department in the MHA would be responsible for all matters relating to the Union Territory of Jammu and Kashmir or Union Territory of Ladakh, including counter terrorism within Jammu and Kashmir, and coordination with the Ministry of Defence as regards manning and managing the Line of Control between India and Pakistan, but excluding those matters with which the Ministry of External Affairs was concerned.

All matters falling within the purview of the Union Government in terms of the provisions of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), relating to both the Union Territories, except all such matters as have been specifically assigned under these rules to any other Ministry or Department of the Government of India.

In Ladakh, the Department of Jammu, Kashmir and Ladakh Affairs would be responsible for all matters enumerated in the State List and concurrent List in any such matter, except all such matters as have, under these rules, been specifically assigned to any other ministry or department of the government of India.

The MHA’s department would also handle general questions relating to public services in the UT of Ladakh and service matters in so far as these fall within the purview of the State governments. Provisions specific to the UT of Jammu and Kashmir and general questions relating to public services in the said Union territory (Ladakh) and service matters relating to the officers of the Indian Administrative Service and the Indian Police Service serving in connection with the affairs of the UT.

3-Apr-2019: AFSPA partially withdrawn from Arunachal Pradesh

The controversial Armed Forces Special Powers Act (AFSPA) was partially removed from Arunachal Pradesh, 32 years after it was imposed. The Act, which gives sweeping powers to security forces, was partially withdrawn from three of the state’s nine districts, but would remain in force in the areas bordering Myanmar.

AFSPA is declared in areas where armed forces are required to operate in aid to civil authorities. However, for AFSPA to become valid, an area needs to be declared “disturbed” either by the Central or the state government under Section 3 of the Act.

As per the MHA’s notification, the four police station areas in Arunachal Pradesh which were declared “disturbed areas” under AFSPA are no longer under the purview of the special law. The police station areas from where the AFSPA has been withdrawn are Balemu and Bhalukpong police stations in West Kameng district, Seijosa police station in East Kameng district and Balijan police station in Papumpare district.

However, AFSPA will continue to be enforced in Tirap, Changlang and Longding districts and four police stations areas under the jurisdiction of Namsai and Mahadevpur in Namsai district, Roing in Lower Dibang Valley district, and Sunpura in Lohit district for six more months till September 30.

Arunachal Pradesh became a state on February 20, 1987, and since its inception, the controversial AFSPA – enacted by Parliament in 1958 – was applied to the certain parts of the state. In 2018, MHA had reduced AFPSA from 16 police stations areas bordering Assam to eight police stations, besides Tirap, Changlang and Longding districts, adjoining Myanmar.

One of the reasons cited by the Centre for imposing AFSPA in Arunachal’s Tirap, Changlang and Longding – all bordering Assam – and 16 other police station areas was the extortion and killing of security forces by the National Socialist Council of Nagaland (Isak-Muivah) and NSCN-K. While NSCN-IM signed a framework agreement with the government, NSCN-K capabilities have been depleted after death of its leader SS Khaplang.

23-Apr-2018: AFSPA lifted in Meghalaya

The Centre has removed the AFSPA from Meghalaya, from April 1 onwards. Earlier, the Act was effective in the State in the 20 km area along its border with Assam. In Arunachal Pradesh, the AFSPA has been restricted to eight police stations, instead of 16 earlier.

It is effective in the whole of Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh. Jammu and Kashmir too has a similar Act in place.

1-Jan-2018: Nagaland declared 'disturbed' for six more months under AFSPA

The entire state of Nagaland has been declared "disturbed area" for six more months, till June-end, under the controversial AFSPA, which empowers security forces to conduct operations anywhere and arrest anyone without any prior notice.

In a notification, the Home Ministry said the central government is of the opinion that the area comprising the whole of state of Nagaland is in such a disturbed and dangerous condition that the use of armed forces in aid of civilian power is necessary.

"Now, therefore, in exercise of the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958 (No. 28 of 1958), the central government hereby declares that whole of the said state to be a 'disturbed area' for a period of six months with effect from 30th December, 2018, for the purpose of that Act.

The decision to continue the declaration of Nagaland as "disturbed area" has been taken as killings, loot and extortion have been going on in various parts of the state which necessitated the action for the convenience of the security forces operating there.

There have been demands from various organisations in the Northeast as well as in Jammu and Kashmir for repealing the controversial Armed Forces (Special Powers) Act (AFSPA), which, they say, gives "sweeping powers" to security forces.

The AFSPA has been in force in Nagaland for several decades. It has not been withdrawn even after a framework agreement was signed on August 3, 2015 by Naga insurgent group NSCN-IM general secretary Thuingaleng Muivah and government interlocutor R N Ravi in presence of Prime Minister Narendra Modi.

The framework agreement came after over 80 rounds of negotiations spanning 18 years with the first breakthrough in 1997 when the ceasefire agreement was sealed after decades of insurgency in Nagaland.

22-May-2017: AFSPA gets six-month extension in Manipur

The Manipur Cabinet decided to extend the Disturbed Areas Act for another period of six months to facilitate the imposition of the AFSPA except in seven Assembly segments in Imphal. The government had lifted the AFSPA from these segments on August 12, 2004.

15-Nov-2019: CBI sets up online Child Sexual Abuse and Exploitation (OCSAE) Prevention/Investigation unit

The Central Bureau of Investigation has set up an On-line Child Sexual Abuse and Exploitation(OCSAE) Prevention/Investigation Unit at New Delhi under its Special Crime Zone.

The newly specialized Unit will collect, collate and disseminate information regarding publication, transmission, creation, collection, seeking, browsing, downloading, advertising, promoting, exchanging, distribution of  information relating to On-line child sexual abuse and exploitation; and investigation of such offences covered under provisions of the Indian Penal Code (IPC) 1860, the Protection of Children from Sexual Offences (POCSO) Act 2012 (32 of 2012) and the Information Technology Act 2000 (21 of 2000) and under various Laws of the land, as applicable.

It may be noted that the rapid growth of the Internet and Information & Communication tools over the past two decades has created unparalleled opportunities for children and adults alike to learn and explore the world around them.

Today, in many countries, these technologies are ubiquitous, permeating every aspect of our lives personal and professional, individual and social. These technologies have simultaneously created a new dimension, wherein the sexual exploitation of children can multiply, if unchecked. Children, every day, all around the world are prone to suffer On-line sexual abuse and exploitation.

Numerous references related to dissemination of CSAM (Child Sexual Abuse Material) are received from INTERPOL and other National / International Organizations, etc. The incidence of On-Line Child Sexual Abuse and Exploitation generally transcends International borders. Victims are mostly helpless innocent children.

The territorial jurisdiction of the On-line Child Sexual Abuse and Exploitation (OCSAE) Prevention/Investigation Unit of CBI will be throughout India.

5-Sep-2019: Centralised Technology Vertical (CTV) with a cost of Rs 99 crore to be set up within CBI

Union Minister Dr Jitendra Singh was speaking at the first National Conference on Cybercrime Investigation and Forensics, organized by the CBI. The Minister congratulated the CBI for organizing the first national conference of its kind in the country. While complimenting the CBI, the Minister said that people from the most peripheral and remotest regions of the country trust the functioning of CBI.

The study of cybercrime is important for India, keeping in mind the fact that India has a huge population and that India has the second largest internet users in the world.

We are in the post-Article 370 abrogation scenario. The cyber manipulators are posing risk to the nation by circulating fake videos on the social media, which needs to be addressed. Under the leadership of Prime Minister Shri Narendra Modi, the Government has given thrust to the optimum use of technology. He quoted examples of Digital India, GeM, Aadhar and Jan Dhan scheme. The computer technology has entered a large number of household of India. The second thrust of the Government has been on our clarity in fight against terrorism and decisive actions have been taken in this regard.

A Centralised Technology Vertical (CTV) with a cost of Rs 99 crore will be set up within CBI, which will be operational by next year. It will help in getting real time information for the benefit of interrogators. Tackling cybercrime cannot be left to CBI alone.

19-Nov-2018: Why CBI needs consent of states before investigation

Andhra Pradesh and West Bengal governments withdrew “general consent” to the CBI for investigating cases in their respective states. The state governments said they had lost faith in the CBI in the backdrop of its internal turmoil marked by the open war among the agency’s top officers. They have also alleged that the Centre is using the CBI to unfairly target Opposition parties.

What is general consent?

Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act that makes consent of a state government mandatory for conducting investigation in that state.

There are two kinds of consent: case-specific and general. Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

“General consent” is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state. Almost all states have given such consent. Otherwise, the CBI would require consent in every case. For example, if it wanted to investigate a bribery charge against a Western Railway clerk in Mumbai, it would have to apply for consent with the Maharashtra government before registering a case against him.

What does withdrawal mean?

It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in these two states without getting case-specific consent. Withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them”.

Under what provision has general consent been withdrawn?

GO (government order) number 176 issued by the Andhra Pradesh Home Department by Principal Secretary A R Anuradha on November 8 states: “In exercise of power conferred by Section 6 of the Delhi Special Police Establishment Act, 1946 (Central Act No 25 of 1946), the government hereby withdraws the general consent accorded in GO No 109 Home (SC.A) Department dated August 3, 2018 to all members of the Delhi Special Police Establishment to exercise the powers and jurisdiction under the said Act in the State of Andhra Pradesh.’’

Section 6 of the Act says, “Nothing contained in Section 5 (which deals with jurisdiction of CBI) shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.”

Does that mean that the CBI can no longer probe any case in the two states?

No. The CBI would still have the power to investigate old cases registered when general consent existed. Also, cases registered anywhere else in the country, but involving people stationed in Andhra Pradesh and West Bengal, would allow CBI’s jurisdiction to extend to these states.

There is ambiguity on whether the agency can carry out a search in either of the two states in connection with an old case without the consent of the state government. However, there are legal remedies to that as well. The CBI can always get a search warrant from a local court in the state and conduct searches. In case the search requires a surprise element, there is Cr.P.C Section 166, which allows a police officer of one jurisdiction to ask an officer of another to carry out searches on his behalf. And if the first officer feels that the searches by the latter may lead to loss of evidence, the section allows the first officer to conduct searches himself after giving a notice to the latter.

What happens in fresh cases?

Withdrawal of consent will only bar the CBI from registering a case within the jurisdiction of Andhra and Bengal. The CBI could still file cases in Delhi and continue to probe people inside the two states.

An October 11, 2018, order of the Delhi High Court makes it clear that the agency can probe anyone in a state that has withdrawn “general consent” if the case is not registered in that state. The order was given with regard to a case of corruption in Chhattisgarh, which also gives consent on a case-to-case basis. The court ordered that the CBI could probe the case without prior consent of the Chhattisgarh government since it was registered in Delhi.

Thus, if a state government believes that the ruling party’s ministers or members could be targeted by CBI on orders of the Centre, and that withdrawal of general consent would protect them, it would be a wrong assumption.

Is it the first time a state government has withdrawn consent?

No. Over the years, several states have done so, including Sikkim, Nagaland, Chhattisgarh and Karnataka — which stands out as an example. In 1998, the Janata Dal-led government of J H Patel had withdrawn general consent. In 1999, the S M Krishna-led Congress government took over and did not revoke Patel’s order. General consent wasn’t renewed for eight long years. The CBI had to virtually close down its office. The agency had to seek permission of the state government for every case and every search it conducted on central government employees.