http://www.livemint.com/2010/09/05113637/Army-favours-AFSPA-citing-82.html?d=2

Army favours AFSPA citing ‘special circumstances’ in J&K
“When you act in special circumstances, certain amount of immunity is
imperative. That is when AFSPA comes into play. It empowers the Army to act
firmly in certain circumstances that exist in this case,” Chief Lieutenant
General B S Jaswal said
Ashwini Shrivastava/PTI

Leh: Notwithstanding demands for its scrapping, the army favours
continuation of the Armed Forces Special Powers Act (AFSPA) in Jammu and
Kashmir citing “special circumstances” in the state.

“For special circumstances you require special laws. There are special
circumstances in Jammu and Kashmir and that require special laws to deal
with it,” Army’s Northern Command Chief Lieutenant General B S Jaswal told
PTI.

Appreciating the work of the army personnel, he said, “My troops are the
finest in the world and whatever they do, they do it with good intentions.
And if that good intention is questioned time and again, that will make
their function difficult. It is very very important that they have AFSPA.”

“Some people call these provisions of AFSPA as draconian. I would respond by
saying that if you want to feel the heat, be in it. When you function in
these special circumstances, you will realise that these laws become
imperative for carrying out smooth operation,” the official said.

Jaswal, General Officer Commanding-in-Chief (GOC-in-C) of the Army’s
Udhampur-based Northern Command, said “when you act in special
circumstances, certain amount of immunity is imperative. That is when AFSPA
comes into play. It empowers the Army to act firmly in certain circumstances
that exist in this case.”

He said, “the government has cleared the AFSPA and any provision extended by
the government would remain at the realm of the government to pursue it
further or to remove it.

“However, purely from the Army’s point of view, as also stated by the Chief
of Army Staff, it is very important for continuation of this provision
keeping in view the special situation in the state.”

When asked to elaborate on the special circumstances in the state, the
GOC-in-C said, “It is self explanatory. The situation which is there. If
Army has to get in to carry out searches, etc, you have been seeing the ways
they are taking on, in fact the army for that matter. In case we don’t have
this tool for immunity, then who will act.”

To a question on Machil encounter in Jammu and Kashmir in which one Colonel
and two Majors have been chargesheeted by the police for allegedly killing
three youths in a fake encounter, he said, “So far there have been 1,535 odd
cases registered against army personnel and only 35 cases have proved right.
So just that a case has been flagged doesn’t mean that something has
happened.”

When asked whether the army was conducting a parallel enquiry into the case,
he answered “Yes, very much.”

“There is an enquiry on and I have put one of my best Brigade Commander to
enquire into it. And with great difficulty we have been able to get
witnesses etc. It has almost been finalising. Till the time the enquiry
doesn’t come to its logical conclusion to suggest even that something has
happened wouldn’t be right,” Jaswal said.

“I would like to assure you that if anyone is found guilty, exemplary
punishment will be meted out to him. I am a very transparent person myself
and I will ensure that total transparency is there. If there is anyone
guilty, if there be, I will not leave anyone,” he added.
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