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Consider the following with regard to Armed Forces (Special Powers) Act (AFSPA):
1. The Act can only be imposed when a martial law under Article 34 is in force in an area or a State.
2. Governor of the State and Central Government are empowered to declare any part or full of any state as disturbed area.
Which of the statements given above is/are correct?
both
none
1 only
2 only
AFSPA can be imposed in any place if its found to be a disturbed area regardless of whether martial law is in force or not. Governor of the State and Central Government are empowered to declare any part or full of any state as disturbed area if it is in their opinion that it is necessary to prevent terrorist activity or any such activity that might disrupt the sovereignty of India or cause insult to the national flag, anthem or India’s Constitution. Section 4 of the act gives special powers to army officers in disturbed area to shoot (even if it kills) any individual who violates law / or is suspected violate law (this includes assembly of five or more people, carrying of weapons) etc. The only condition is that the officer has to give warning before opening fire. Arrest anybody without a warrant, and carry out searches without consent. Once a person is taken into custody, he / she has to be handed over to the nearest police station as soon as possible. Prosecution of the officer on duty needs prior permission of the Central Government.
By: Anjana agarwal ProfileResourcesReport error
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